R. Gurushankar v. Anushyaa Devi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2025 CORAM :
THE HONOURABLE MR. JUSTICE P.B. BALAJI and CMP.No.20910 of 2025 R.Gurushankar
...Petitioner
Vs.
Anushyaa Devi
...Respondent
Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order made in I.A.No.1 of 2024 in HMOP.No.576 of 2024 dated 23.04.2025 on the file of the Subordinate Judge at Alandur.
For Petitioner : M/s.M.Udayavani For Respondent : M/s.K.Rajamani
ORDER
The petitioner/husband challenges the order passed in I.A.No.1 of 2024 in HMOP.No.576 of 2024 dated 23.04.2025 on the file of the Subordinate Judge at Alandur.
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2. Learned counsel for the petitioner submits that the respondent is qualified and living in affluent circumstances along with her parents. However, without considering the relevant circumstances, the learned trial Judge has proceeded to grant interim maintenance at the rate of Rs.10,000/- per month in favour of the respondent, which is wholly unsustainable. Hence, the learned counsel for the petitioner prays for allowing this revision by suitably modifying the interim maintenance.
3. Per contra, the learned counsel for the respondent/caveator submits that the respondent is a home maker and she is dependent on her aged parents. Learned counsel further submits that the petitioner is earning handsomely at around Rs.50,000/- per month, besides, he is also getting regular income from investments in share market. Thereby, the learned trial Judge had awarded interim maintenance at the rate of Rs.10,000/-, vide impugned order, which is a well reasoned order and the same does not warrant interference under Article 227 of Constitution of India.
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4. I have carefully considered the arguments advanced by the learned counsel for the petitioner as well as the learned counsel for the respondent and I have also perused the materials available on record, particularly, the impugned award of the trial court, ordering a sum of Rs.10,000/- per month, towards interim maintenance, in favour of the respondent, payable by the petitioner.
5. The learned Subordinate Judge, Alandur has rightly ascertained the assets and liabilities of the parties and also the salary slip of the petitioner and thereby, though the respondent/wife claimed a sum of Rs.35,000/- towards interim maintenance, the trial court considered it to be excessive and awarded only a sum of Rs.10,000/- per month towards interim maintenance, enabling the petitioner to make both ends meet.
6. In view of the above, I do not find any infirmity or illegality in the said order of the trial Court and thereby, I am not inclined to interfere with the same.
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7. The petitioner is directed to clear the entire arrears of interim maintenance as awarded by the learned Subordinate Judge, Alandur and confirmed by this Court in the present revision within a period of eight
(8) weeks from the date of receipt of a copy of this order and the petitioner shall continue to pay the said interim maintenance ordered by the trial court without any default till the disposal of the main OP.
8. For the reasons aforesaid, this Civil Revision Petition stands dismissed with the aforesaid directions. No costs. Consequently, the connected Miscellaneous petition is closed.
28.08.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No To The Subordinate Judge, Alandur.
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P.B. BALAJI , J.
skt and CMP.No.20910 of 2025 28.08.2025 Page No.5 of 5