Mani v. Lalitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-11-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP No. 5330 of 2025 and CMP No.26826 of 2025

1. Mani, S/o.Subramani, Balaji Nagar, 6th Street, Vaikalmedu, Muthanampalayam, Tiruppur.

Petitioner(s) Vs

1. Lalitha W/o.Mani, No.10/1078, Rathanam Avenue, Mullai Nagar, Angalakurichi, Pollachi Taluk, Coimbatore District.

Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the Final Order passed in IA No. 4 of 2024 in HMOP No. 108 of 2023 dated 16.04.2025 on the file of the Family Court at Tiruppur by allowing the present CRP.

For Petitioner(s):

Mr. Deepanuday

ORDER

This civil revision petition is filed, challenging the order passed by the Family Court, Tiruppur, directing the petitioner/husband to pay a sum of Rs.4,000/- per month as interim maintenance to the respondent/wife.

2. The respondent herein filed a petition for divorce in HMOP No.108 of 2023 against the petitioner. When the said OP is pending, she filed a petition seeking interim maintenance. It was the case of the respondent that she has been sent out from matrimonial home by the petitioner herein and she was suffering without any independent source of income and she is unable to maintain herself. Hence, she prayed maintenance at Rs.20,000/- per month from the petitioner.

3. The petitioner herein filed counter and resisted the petition on the ground that he had set up a provisional shop for the respondent and she has been earning handful income by running the said provisional shop.

4. Both the parties failed to give any evidence to substantiate their respective claim. However, the fact that the respondent is wife of the petitioner is admitted one. They are living separately and the petitioner has not been able to show that the respondent is having independent source of income. In such

circumstances, the court below rightly came to the conclusion that the petitioner/husband is bound to maintain the respondent/wife and fixed reasonable sum of Rs.4,000/- as interim maintenance. I do not find any perversity in the order passed by the court below to interfere the same.

5. Accordingly, this civil revision petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 04-11-2025 Internet: yes Index: Yes/No MST To The Family Court, Tiruppur.

S.SOUNTHAR J.

MST CRP No.5330 of 2025 04-11-2025