D.Vijaybabu v. K.Sheeba

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.246 of 2025 and CMP(MD) No.1486 of 2025 D.Vijaybabu ... Petitioner Vs K.Sheeba ... Respondent PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order passed in I.A.No.523 of 2019 in H.M.O.P.No.8 of 2019 dated 11.04.2022 on the file of the Family Court, Madurai.

For Petitioner : Mr.SC.Herold Singh For Respondent : Mr.N.Sylapakalyan

ORDER

This Civil Revision Petition has been filed to set aside the fair and decreetal order passed in I.A.No.523 of 2019 in H.M.O.P.No.8 of 2019 dated 11.04.2022 on the file of the Family Court, Madurai. 1/4

2. The petitioner is the husband and the respondent is the wife and their marriage was solemnized on 11.05.2015 in Thirupparankundram Temple. Due to matrimonial discard, the petitioner filed a petition in HMOP No.8 of 2019 before the learned Family Judge, Madurai, seeking restitution of conjugal rights. Pending petition, the respondent herein filed an interlocutory application in I.A.No.523 of 2019 before the trial Court and the trial Court awarded a sum of Rs.10,000/- as interim maintenance. Aggrieved by the said order of maintenance, the petitioner is before this Court.

3. The learned counsel for the petitioner would submit that the petitioner is ready to live with the petitioner, however, the respondent refused to live with the petitioner without any iota of reason. The trial Court has fixed the monthly maintenance at Rs.10,000/- is on the higher side and prays for necessary direction.

4. The learned counsel appearing for the respondent would submit that the respondent is now living with her parents. He would further submit that the interim maintenance granted by the trial Court is just meagre and he prays to enhance the interim maintenance amount. 2/4

5. The trial Court has fixed the monthly maintenance of Rs.10,000/- to the respondent. The respondent is residing in Madurai and hence, awarding a sum of Rs.10,000/- is not considered to be on higher side, in fact, the trial Court, considering the facts and circumstances of the case, has ordered for just and reasonable maintenance, which, in the considered opinion of this Court, requires no interference.

6. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed. 10.07.2025 NCC : Yes/No Index : Yes/No TSG TO 1.The Family Court, Madurai.

2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J TSG

ORDER

IN CRP(MD) No.246 of 2025 Date : 10.07.2025 4/4