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Madras High CourtCRP/1599/2026disposed of

Priya v. Sivaraman

2026-03-18Honourable Mrs.Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 7530 OF 2026,CMP NO. 7527 OF 2026 Priya D/O. Ramalingam, Complex 274.F, 2nd Floor, Near Sakthi Bakery, Saavadi Street Main Road, Ramapurampudhur, Namakkal Taluk and Town, Namakkal District.

..Petitioner(s) Vs Sivaraman S/O. Annamalai, D.No.125, opposite to Santhaipettai, NDS Nagar, Ayothipattinam, Salem Taluk, Salem District.

..Respondent(s) PRAYER Civil Revision Petition filed under Art. 227 of Constitution of India, praying to allow the Civil Revision Petition, by setting aside Fair and Decretal Order dated 25.10.2025 passed in IA No.5 of 2025 in FCOP No.238 of 2024 on the file of the Family Court, Namakkal.

For Petitioner(s):

Mr.Senthil S For Respondent(s):

Mr.C. Jagadish

ORDER

Challenging the impugned order passed in I.A.No.5 of 2025 in F.C.O.P.No. 238 of 2024 by the learned Family Court, Namakkal, the Revision Petitioner wife preferred this Civil Revision Petition.

2. Before the trial court, the Revision Petitioner wife filed an application for interim maintenance and the same was allowed and directing him to pay a sum of Rs.10,000/- as interim maintenance.

3. The learned counsel for revision petitioner would submit that the respondent husband is earning a salary of more than Rs.2,50,000/- per month and he is having immovable property in Salem and Namakkal District. He would also submit that she is suffering from Friedreich ataxia, due to which, she is not able to walk or perform day-to-day activities. But, without considering all those facts, the trial judge awarded only a sum of Rs.10,000/- as interim maintenance to her. Hence, she prayed to set aside the findings of trial judge and to enhance the interim maintenance awarded by the trial court.

4. The learned counsel for respondent husband would submit that he is earning a sum of Rs.1,20,387/- as his standard salary, however, after deduction, his take home salary is Rs.1,05,000/-. He would further submit that he is having other expenses viz., EMI, housing loan, school fees etc, which comes around Rs.96,000/-. Therefore, he is unable to comply with the order. He would also submit that he is not having sufficient source of income as well as no immovable property. Hence, he prayed to dismiss this Civil Revision Petition.

5. Considering both side submissions and on perusal of records, it reveals that the husband is employed in a private IT Concern and his total salary comes around Rs.1,20,387/-. After deduction, his take home salary is Rs.1,05,000/-. Admittedly, he is looking after the child and also having other expenses viz., EMI, Housing loan, school fees etc. Furthermore, the fact would also reveals that wife is suffering from illness and she is unable to walk and they got separated for more than 7 years. As on date, wife is living with her parents. Admittedly, he is paying insurance premium of Rs.25,000/- and also having immovable property. Considering that, the trial judge has granted a sum of Rs.10,000/-, which is justified one for the reason that the revision petitioner is suffering from mental illness and she is not having any source of income.

Furthermore, on seeing facts, the revision petitioner wife is also a MCA Graduate and her father is having some immovable property, which was not denied by the revision petitioner. The learned counsel for respondent would submit that the trial court has taken into consideration the relationship of 25 years, on the other hand, he had taken insurance policy in her favour and paying a sum of Rs.25,000/- per year, but, that amount can be utilised only when she is admitted in the hospital and on the expiry of policy. Otherwise, she needs some expenses for the treatment of her illness. Therefore, this Court is inclined to enhance the sum of Rs.5,000/- as interim maintenance, thus, totally, a sum of Rs.

arrears (within 8 weeks). Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected civil miscellaneous petitions are closed. 18-03-2026 Index: Yes/No Speaking/Non-speaking order RPP To The Family Court, Namakkal.

T.V.THAMILSELVI J.

RPP AND CMP NO. 7530 OF 2026,CMP NO. 7527 OF 2026 18-03-2026