S.Sathish v. S.Meenakshi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2025
CORAM
THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP No. 5360 of 2025 and CMP No.26930 of 2025
1. S.Sathish S/o.M.Saravanan, No.81, Keezhanadai Theru, Perambakkam Salai, Senji Village, Tiruvallur Tk and Dist, Pincode 631 203 Petitioner(s) Vs
1. S.Meenakshi W/o.S.Sathish, No.6, Kumaraapa Lane, Valluvar Kottam, Nungambakkam, Chennai 34.
Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the order dated 27.2.2025 passed in IA.No.2/2024 in OP.No. 5368/2023 on the file of the IV Additional Principal Family Court, Chennai. For Petitioner(s):
Mr. E.Jayasankar For Respondent(s) Mr.Abisha Isaac for M/s Isaac Chambers
ORDER
Ms. Abish Isaac, learned counsel for M/s Isaac Chamber takes notice for the respondent.
2. This civil revision petition is filed, challenging the order passed by the learned IV Additional Principal Judge, Family Court, Chennai, directing the petitioner to pay a sum of Rs.15,000/- per month as interim maintenance and also to pay a sum of Rs.30,000/- towards legal expenses to the respondent/wife.
3. The petitioner herein filed O.P.No.5368 of 2023 for divorce against the respondent. Pending petition, the respondent filed an application in I.A.No. 2 of 2024 seeking interim maintenance at the rate of Rs.35,000/- per month and a sum of Rs.30,000/- towards litigation expenses. The said application was partly allowed by the family court as stated supra. Aggrieved by the same, the petitioner has come before this court.
4. The learned counsel for the petitioner would submit that the interim maintenance awarded by the family court is highly excessive, having regard to the ability of the petitioner. He also submits that the respondent/wife is running a Youtube channel and she is getting substantial income on her own and hence, he seeks to set aside the order of maintenance.
5. The marriage between the petitioner and the respondent is admitted and the respondent is living separately with her parents. The respondent in her affidavit has clearly stated that she has no independent source of income and hence she is unable to maintain herself. Though the petitioner, in his counter claimed that the respondent is running a Youtube Channel and getting substantial income, he has not produced any evidence before the court below to establish the same. Based on the bank account papers produced by the petitioner, the family court came to the conclusion that the petitioner has been receiving a salary of more than Rs.68,000/- per month. Taking into consideration the income of the petitioner and the status of the parties, the family court fixed interim maintenance payable to the petitioner to the respondent at Rs.
15,000/- per month. In the light of the pleadings and the evidence available before the Court, the interim maintenance at Rs.15,000/- per month fixed by the court below is not excessive and the same is reasonable one, in the opinion of this court. In addition to the interim maintenance, the petitioner was also directed by the family court to pay a sum of Rs.30,000/- towards legal expenses. The conclusion reached by the family court is only on proper appreciation of evidence produced by the parties. Hence I do not find any infirmity or illegality to interfere with the said order.
6. Accordingly, this civil revision petition is dismissed, confirming the order passed by the IV Additional Principal Judge, Family Court, Chennai dated 27.02.2025 in I.A.No.2/2024 in OP No.5368 of 2023. There shall be no order as to costs. Connected miscellaneous petition is closed. 04-11-2025 Internet: yes Index: Yes/No MST To The IV Additional Principal Judge, Family Court, Chennai.
S.SOUNTHAR J.
MST CRP No.5360 of 2025 04-11-2025