Nagaraj v. Kavitha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/07/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.1106 of 2022 and CMP(MD) No.4452 of 2022 Nagaraj ... Petitioner Vs 1.Kavitha 2.Minor Srinav ... Respondents 2nd respondent is represented by natural guardian and mother/1st respondent PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India against the fair order in MC No.10/2018 dated 31.03.2021 on the file of the family Court, Karur. For Petitioner : Mr.RM.Arun Swaminathan For Respondents : No appearance

ORDER

This Civil Revision Petition has been filed against the order 31.03.2021 in MC No.10/2018 on the file of the family Court, Karur. 1/5

2. The petitioner is the husband and the first respondent is the wife and their marriage was solemnized on 10.07.2013 and they were blessed with a son. Due to matrimonial discard, the petitioner filed a petition for divorce in HMOP No.8/2018 and the respondent filed a maintenance case in MC No.10/2018. Both the cases were clubbed together and a common order came to be passed vide order dated 31.03.2021. In and by which, the trial Court, while granting a decree for divorce, has awarded Rs.6,000/- each to the respondent and the minor child as maintenance, totally, Rs.12,000/- was ordered. Aggrieved by the said order of maintenance, the petitioner is before this Court.

3. The learned counsel for the petitioner would submit that the respondent is a gold medalist and she is working and capable of maintaining herself and without drawing adverse inference against the respondent/wife, the trial Court has fixed the responsibility on the petitioner/husband and would submit that fixing the monthly maintenance at Rs.12,000/- is on the higher side and prays for necessary direction.

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

5. Admittedly, the petitioner filed a divorce petition in HMOP No. 8/2018 and the respondent filed a maintenance case in MC No.10/2018. Both are clubbed together by the trial Court and while granting divorce, the trial Court has fixed the monthly maintenance of Rs.12,000/- to both the respondent as well as the minor son. The respondent is residing in Karur Municipality area and taking care of the minor son and hence, awarding of Rs.6,000/- each to the respondent and the minor child 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. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed. 03.07.2025 NCC : Yes/No Index : Yes/No RR 3/5

TO 1.The Family Court, Karur.

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

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) (NPD) No.1106 of 2022 Date : 03/07/2025 5/5