Veeraputhiran v. Rajalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.R.P.(MD)No.1497 of 2025 and C.M.P.(MD)No.7507 of 2025 Veeraputhiran ... Petitioner Vs.

Rajalakshmi ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 15.04.2024 made in I.A.No.1 of 2023 in H.M.O.P.No.132 of 2023 on the file of the Subordinate Court at Thirumangalam.

For Petitioner : Mr.P.Vijai

ORDER

This Civil Revision Petition is filed challenging the fair and decreetal order, dated 15.04.2024 made in I.A.No.1 of 2023 in H.M.O.P.No.132 of 2023 on the file of the Subordinate Court at Thirumangalam. 1/5

2.Since no adverse order is going to be passed as against the respondent, notice to the respondent is dispensed with. 3.The petitioner and the respondent got married in the year 2010 as per the Hindu rights and customs. Out of wedlock, they blessed with one male child. Thereafter, there was a matrimonial dispute between them. Thereby, the petitioner claims that the respondent refused to live with the petitioner and hence, the petitioner filed a petition for restitution of conjugal rights in H.M.O.P.No.132 of 2023. During the pendency of the said proceedings, the respondent filed a maintenance application in I.A.No.1 of 2023 and the same was allowed directing the petitioner to pay a sum of Rs.14,000/- to the respondent and the minor child. Challenging the same, the present Civil Revision Petition is filed.

4.The learned counsel for the petitioner would submit that the petitioner is ready to live with the respondent. However, the respondent is refusing to live with the petitioner. In such situation, the order passed by the trial Court directing the petitioner to pay maintenance to the respondent is not proper.

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5.It is an admitted fact that every male member or earning member of the family is obligated to maintain his wife and children. In the present case also the respondent, who being a wife of the petitioner, obtained an order for maintaining herself and her minor daughter. However, the petitioner without paying the maintenance amount, has filed present petition seeking to set aside the order of maintenance on the ground that he has filed a petition for restitution of conjugal rights before the trial Court. It is to be noted that the trial Court has ordered the petitioner to pay a meagre sum of Rs.14,000/- to his wife and children.

6.From the above, this Court is of the view that the order of the trial Court need not be interfered. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

02.06.2025 Index : Yes / No Internet : Yes / No ta 3/5

To 1.The Subordinate Court, Thirumangalam.

2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J.

ta C.R.P.(MD)No.1497 of 2025 02.06.2025 5/5