S. Reuban v. Flora Rani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-12-2025
CORAM
THE HONOURABLE MR.JUSTICE S. SOUNTHAR S. Reuban S/o. Selvaraj, No.314, Krishnasamy Pillai St, Balamurugan Nagar, Attanthangal, Redhills, Chennai 052.
Petitioner(s) Vs Flora Rani D/o. Paul Selvanayagam, No.40, Seethapathy St, Madhavaram, Chennai 060.
Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to allow the Civil Revision Petition by setting aside the Decreetal order dated 30.06.2025 passed in IA No.1 of 2025 in IDOP No.124 of 2019 on the file of the Principal District Judge, Tiruvallur and thereby allow the CRP. For Petitioner(s):
C/v. Mr.L.K.Charles Alexander
ORDER
The Civil Revision petition is filing challenging the order passed by the trial court directing the petitioner to pay interim maintenance at the rate of Rs. 12,500/-(rupees twelve thousand five hundred only).
2. The petitioner herein filed an application seeking divorce against the respondent. Pending Main OP, application has been filed by the respondent/wife under Section 36 of Indian Divorce Act seeking direction to petitioner to pay monthly maintenance at the rate of Rs.25,000/-.The respondent also sought for payment of sum of Rs.1,00,000/- per annum towards dress and other expenses for her daughter namely Abitha.
3. The trial court, by impugned order, directed the petitioner to pay monthly maintenance at the rate of Rs.12,500/- to respondent and his daughter. The petitioner has also been directed to pay Rs.25,000/- per annum as education expenses. Aggrieved by the said order, the petitioner/husband has come before this court.
4. The learned counsel for the petitioner submitted that in the affidavit of Assets and Liabilities filed by the petitioner, it was stated that the petitioner's monthly income was only Rs.15,000/-. Overlooking the same, the court below directed the petitioner to pay monthly maintenance at the rate of Rs. 12,500/- and the same is on the higher side.
5. Though the petitioner in his affidavit of Assets and Liabilities claimed that his monthly income was only Rs.15,000/-, based on the statement of account produced by the petitioner, the trial court came to the conclusion that his monthly income would be more than Rs. 25,000/-. Merely because there is no concrete evidence to prove the monthly income of the petitioner, it cannot be stated that petitioner has no income. As per the affidavit filed by him, he has
been working as Senior Sales Executive. Taking into consideration the bank statement produced by the petitioner, he was directed to pay a sum of Rs.12,500/- per month towards maintenance to respondent/wife and his college going daughter. The amount is very reasonable one. I do not find anything to interfere with the same. The respondent also produced the original bill towards expenses incurred by her in payment of fees to her daughter and based on the said concrete evidence, the petitioner has been directed to pay a sum of Rs.25,000/- per annum towards college fees and educational expenses. The same was based on the concrete evidence and therefore, I do not find any error in the impugned order passed by the trial court.
6. Accordingly, the Civil Revision Petition stands dismissed. Consequently, the Connected Miscellaneous Petition is closed. No costs. 16-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes nr To The Principal District Judge, Tiruvallur
S.SOUNTHAR J.
nr 16-12-2025