Vijayalakshmi v. Vadivel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/07/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.930 of 2025 Vijayalakshmi ... Petitioner Vs Vadivel ... Respondent PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order dated 05.02.2025 in IA No.3/2024 in HMOP No.264/2023 on the file of the Family Court, Thoothukudi.

For Petitioner : Mr.R.Balakrishnan For Respondent : Mr.J.Sankarapandian

ORDER

This Civil Revision Petition has been filed against the fair and decreetal order dated 05.02.2025 in IA No.3/2024 in HMOP No. 264/2023 on the file of the Family Court, Thoothukudi. 1/5

2. The petitioner is the wife and the respondent is the husband and their marriage was solemnized on 17.05.2017 and they were blessed with a male child. Due to matrimonial discard, the respondent/husband filed a petition for divorce in HMOP No.264/2023, in which, the petitioner filed an interlocutory application claiming maintenance. The trial Court, considering the arguments advanced on either side, had granted a monthly maintenance at Rs.15,000/- to the petitioner and the minor child. Challenging the said maintenance awarded is meagre, the petitioner is before this Court with this Civil Revision.

3. The learned counsel for the petitioner would submit that the petitioner is an unemployed and she is fully dependant and the grant of Rs.15,000/- as awarded by the trial Court is very meagre. The learned counsel has raised a plea that the respondent is a qualified Engineer by profession and earning a sum of Rs.3 lakhs per month and the minor child is a special child and in order to meet the medical expenses of the special child and in order to maintain the petitioner herself, the amount awarded as maintenance needs to be enhanced. Accordingly, the learned counsel prays for interference.

2/5

4. The learned counsel for the respondent, on the other hand, would submit that the respondent is an Engineer by profession and he is earning Rs.2,50,000/- per month, out of which, he has to maintain his age old parents and he has to meet his own expenses in foreign country and hence, prays for appropriate direction.

5. I have considered the rival submissions and perused the materials available on record.

6. Considering the submissions made on either side and considering the fact that the minor child is a special child and the petitioner has to maintain herself and maintain the special child and to incur the medical expenses for the special child, the amount fixed at Rs.15,000/- by the trial Court is very meagre and in order to meets the ends of justice, the monthly maintenance is enhanced to Rs.25,000/-. It is reported that the respondent has paid the maintenance as ordered by the trial Court till this month. Accordingly, the respondent/husband is directed to pay the enhanced monthly maintenance of Rs.25,000/- 3/5

(Rupees twenty five thousand only) from 07.08.2025 and continue to pay on or before the 7th day of every English calender month.

7. The Civil Revision Petition is allowed to the extent indicated above. No costs.

16.07.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Family Court, Thoothukudi.

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

4/5

M.DHANDAPANI,J RR

ORDER

IN CRP(MD) (NPD) No.930 of 2025 Date : 16/07/2025 5/5