R.Vadivel v. C.Hemalatha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2024
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.7727 of 2024 R.Vadivel @ Thiyagarajan .. Petitioner Vs.
1.C.Hemalatha 2.V.Shathvika .. Respondents Prayer : The Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order passed in I.A.No.1 of 2021 in O.P.No.2093 of 2020, dated 11.12.2023 on the file of the IV Additional Family Court at Chennai.
For Petitioner : Mr.S.R.Sankareshwaran
ORDER
This revision has been filed to set aside the fair and decreetal order passed in I.A.No.1 of 2021 in O.P.No.2093 of 2020, dated 11.12.2023 on the file of IV Additional Family Court at Chennai. Page No 1 of 4
2. The relationship between the revision petitioner and his wife is admitted. The petitioner is a qualified person, who has worked abroad in particular at Saudi Arabia. Today, he is working in an institution called "Milltec Machinery Private Limited".
3. His take-home salary comes to a sum of Rs.68,033/- (Rupees Sixty Eight Thousand and Thirty Three only). After deductions, his pay comes to around Rs.62,543/- (Rupees Sixty Two Thousand Five Hundred and Forty Three only).
4. Mr.S.R.Sankareshwaran would argue that the learned trial Judge had committed an error in including the reimbursement that is paid to the husband as a part of his net salary and therefore, he would seek for reduction in the maintenance ordered by the Court.
5. A perusal of the impugned order shows that, in particular in Paragraph No.18, the learned Judge has gone through the salary slip for the relevant month produced by the petitioner himself. That shows that his net Page No 2 of 4
pay is Rs.62,543/- (Rupees Sixty Two Thousand Five Hundred and Forty Three only). Out of this amount, the learned Judge has only directed him to pay 1/4th of the amount as maintenance towards his wife. It is a paltry sum which comes to about less than a sum of Rs.500/- per day. As the petitioner having worked abroad, his wife is entitled to maintain in the same status as she lived with the petitioner in the matrimonial home.
6. The discretion exercised by the learned Judge in fixing Rs.15,000/- (Rupees Fifteen Thousand only) as maintenance after taking into consideration that there is a minor girl child involved cannot be said to be arbitrary or capricious, I am not inclined to intervene in the exercise of revisional power under Article 227 of Constitution of India. Accordingly, this Civil Revision Petition stands dismissed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 10.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No Page No 3 of 4
V. LAKSHMINARAYANAN, J.
mkn2 To The IV Additional Family Court, Chennai and C.M.P.No.7727 of 2024 10.04.2024 Page No 4 of 4