P.Lingeswaran v. T.Sabari Manju

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2025

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR C.R.P.(PD)(MD)No.997 of 2025 and C.M.P(MD)No.5362 of 2025 P.Lingeswaran

...Petitioner/Petitioner

Vs.

T.Sabari Manju

...Respondent/Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the order passed in I.A.No.2 of 2023 in H.M.O.P.No.106 of 2022, on the file of the Principal Sub Court, Palani, dated 21-03-2024. For Petitioner : M/s.J.Balameenakshi * * * * *

ORDER

The respondent in H.M.O.P.No.106 of 2022, on the file of the Principal Sub Court, Palani, has filed the present revision petition, challenging the order of interim maintenance passed in I.A.No.2 of 2023. 1/4

2.The respondent herein has filed the above said petition seeking divorce on the ground of cruelty. Pending divorce petition, wife has filed I.A.No.2 of 2023, seeking interim maintenance for herself and for her minor child. According to the respondent wife, husband is a Software Engineer and he is earning a sum of Rs.1,00,000/- per month and therefore, she has prayed for maintenance of Rs.25,000/- per month. The husband has filed counter contending that as of now, he is not in any permanent job and he has to take care of his aged parents. Therefore, he is not in a position to pay any maintenance to his wife.

3.The trial Court after considering the submissions on either side has arrived at a finding that the husband being a software engineer would certainly be earning a sum of Rs.50,000/- per month. The trial Court has proceeded to direct the husband to pay a monthly maintenance of Rs.10,000/- to each to the petitioner and the child from the date of the petition and has further directed to pay a sum of Rs.25,000/- towards litigation expenses. 4.According to the learned Counsel appearing for the revision petitioner, since the husband is not in any permanent job, he is not in a position to pay any maintenance. It is further contended by the learned Counsel appearing for the 2/4

revision petitioner that he has to take of his aged parents and his widowed sister and in such circumstances, the maintenance amount awarded is on the higher side.

5.I have considered the submissions made on either side and perused the materials available on record.

6.This Court has found that the petitioner is a Software Engineer. The trial Court has proceeded to direct payment of monthly maintenance of Rs.10,000/- each to the petitioner and the child which amounts to this Rs.20,000/- as maintenance per month. This Court does not find that the order is unreasonable or the amount of maintenance is exhorbitant. In such circumstances, there are no merits in the revision petition. 7.Accordingly, this Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also closed. 8.The Principal Sub Court, Palani, is directed to dispose of the H.M.O.P. on or before 31.12.2025. No costs. Consequently, connected miscellaneous petition is also closed.

28.03.2025 Internet:Yes/No Index:Yes/No RJR 3/4

R.VIJAYAKUMAR , J.

RJR To The learned Principal Sub Judge, Palani.

Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

C.R.P.(PD)(MD)No.997 of 2025 28.03.2025 4/4