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Madras High CourtCRP/25/2026allowed

E.Manoharan v. Gajalakshmi

2026-02-16Honourable Mr.Justice S. Sounthar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR CRP No. 25 of 2026 and CMP.No.43 of 2026 E.Manoharan ..Petitioner(s) Vs Mrs.Gajalakshmi ..Respondent(s) Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the Docket order 06.12.2022 passed in IA.No. 110/2022 in HMOP.No. 320/2020 on the file of the Family Court, Puducherry. For Petitioner(s):

M/s.K.Rangesh For Respondent(s):

M/s.M.S.Javid Akbar

ORDER

The Civil Revision Petition is filed challenging the docket order passed by the family court directing the petitioner/husband to pay a sum of Rs. 7,000/- to his son and Rs.5,000/- to the respondent/wife from 18-12-2023.

2. A perusal of the impugned docket order would indicate that the family court without any discussion fixed the quantum of maintenance. Therefore, in order to ascertain whether any fair order was passed or not, this Court called for report from the Family Court, Puducherry.

3. The presiding officer of the Family Court, Puducherry, in his letter No.13/FC/PDY/2026 dated 21-01-2026 stated that no fair order has been passed in IA.No. 110 of 2022 on 06-12-2022. Therefore, it is clear that the impugned order passed by the family court directing the petitioner to pay interim maintenance is a non-speaking order and hence, the same is liable to be set aside. Accordingly, the civil revision petition stands allowed by setting aside the impugned order dated 06-12-2022 made in IA.No.110 of 2022 and the matter is remitted back to the file of the Family Court for fresh consideration after giving due opportunity to both the parties. Both the parties shall file affidavit of assets and liabilities before the Family Court within a period of two weeks from the date of receipt of a copy of this order to enable the Family Court to dispose of the IA at the earliest. Consequently, the connected miscellaneous petition is closed. No costs.

16-02-2026 Index: Yes/No Speaking/Non-speaking order nr To The Family Court, Puducherry.

S.SOUNTHAR, J.

NR CRP No. 25 of 2026 and CMP.No.43 of 2026 16-02-2026