A.Sabarivasan v. V.Chandra Leka

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2025

CORAM

THE HONOURABLE MR. JUSTICE P.B.BALAJI and CMP.No.14015 of 2024 A.Sabarivasan ... Petitioner Vs.

V.Chandra Leka ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, as against the fair and decreetal order made in I.A.No.6 of 2021 in F.C.O.P.No.23 of 2020 dated 02.09.2021 on the file of the learned Family Court, Vellore.

For Petitioner : Mr.S.Muralikrishnan For Respondents : Mr.Arun Anbumani

ORDER

The Civil Revision Petition is filed as against the fair and decreetal order made in I.A.No.6 of 2021 in F.C.O.P.No.23 of 2020 dated 02.09.2021 on the file of the learned Family Court, Vellore. 2.

The respondent / wife sought for interim maintenance of

Rs.50,000/- for herself and two minor children, aged 12 years and 9 years respectively. The Family Court considered the evidence adduced on both sides including the affidavit of assets and liabilities and has come to a conclusion that the husband is earning sufficiently and also getting substantial rental income and also in view of the fact that the petitioner / husband is paying school fees, proceeded to fix a nominal amount of Rs.5,000/- each per month (totally Rs.15,000/- per month) as interim maintenance to the respondent / wife and to the two children and apart from that, Rs.20,000/- towards litigation expenses. 3.

Learned Counsel for the petitioner / husband states that the petitioner has been paying more than Rs.5,000/-per month to the respondent / wife and if any request for payment to meet any expense in connection with the welfare and maintenance of children, the husband without any hesitation, is transferring the amount through G-Pay, apart from meeting the entire educational expenses of the two minor children. Learned Counsel would therefore pray that the award of interim maintenance to be reduced to Rs.10,000 p.m., considering the payments that have been made by the petitioner / husband.

4.

Learned Counsel for the respondent / wife would however state that the Family Court has fixed the very nominal sum of Rs.5,000/- each to the respondent / wife and two minor children. Apart from his regular salary, the petitioner / husband is also getting substantial rental income from tenants and in support of the said claim, he relies on payment of a sum of Rs.14,470/- as rental income by one of his tenant namely "the Professional Couriers".

5.

I have considered the arguments advanced by the learned Counsel on either side.

6.

In view of the fact that the contention regarding rental income was also factored by the Family Court while deciding the interim maintenance application, I do no find that the award of a sum of Rs.5,000/- each per month (totally Rs.15,000/- per month) as interim maintenance to the respondent / wife and two minor children is unjustifiable and the reasonable amount has been fixed by the Family Court and the same does not warrant interference.

In the result, the Civil Revision Petition stands dismissed. Arrears of maintenance, if any, is directed to be paid within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

23.07.2025 Index: Yes/No Speaking Order/Non-Speaking Order veda To The Family Court, Vellore.

P.B.BALAJI, J.

veda 23.07.2025