S.Dilip Raja v. Kalima Banu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15/07/2025
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.1726 of 2025 and CMP(MD) No.9376 of 2025 S.Dilip Raja ... Petitioner Vs 1.Kalima Banu 2.Minor D.Sahina Banu ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the order in Crl.A.No.107 of 2022 on the file of the Principal Sessions Judge, Theni.
For Petitioner : Ms.R.Manija for M/s.Ajmal Associates For Respondents : Mr.P.Santhakrishnan
ORDER
The Civil Revision Petition has been filed against the order in Crl.A.No.107 of 2022 on the file of the Principal Sessions Judge, Theni. 1/5
2.The petitioner is the husband and the first respondent is the wife and the 2nd respondent is the minor daughter born to the first respondent and the petitioner herein. Their marriage was solemnized in the year 2014 and hardly 40 days they lived together. Thereafter, the first respondent left the matrimonial home. Subsequently, due to matrimonial discard, the first respondent initiated proceedings under the domestic violence and an order came to be passed by fixing interim maintenance. However, against the said order, the petitioner preferred an appeal and in the said appeal, maintenance was ordered for the medical expenses to the respondents at Rs.3,000/-. In the interregnum, the first respondent filed a petition for maintenance, in which, a sum of Rs.14,000/- was ordered towards maintenance and the petitioner is paying the maintenance as on date. Challenging the grant of Rs.3,000/- towards medical expenses in the appeal, the petitioner is before this Court with this petition.
3. The learned counsel for the petitioner would submit that when there was a maintenance ordered for a sum of Rs.14,000/- in the maintenance case in MC No.23/2015 and the petitioner is paying the 2/5
same as on date, ordering a sum of Rs.3,000/- in addition to the said maintenance towards medical expenses is exorbitant/excessive. She would submit that the petitioner has lost his job and now doing agricultural works and hence, the learned counsel prays for interference.
4. The learned counsel for the respondents on the other hand would submit that in the proceedings under the domestic violence, the trial Court ordered for interim maintenance and on appeal, the lower appellate Court has confirmed the said sum of Rs.3,000/- towards medical expenses, which is just and proper and hence, no interference is warranted to the order of the Court below.
5. I have considered the rival submissions and perused the materials available on record.
6. Considering the facts and circumstances of the case and considering the fact that the respondents are residing in Uthammapalayam, the amount of maintenance awarded in the maintenance case at Rs.14,000/- and the amount awarded in the criminal 3/5
appeal at Rs.3,000/- are considered as just and reasonable and hence, no interference is warranted to the order of the lower appellate Court. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed. 15.07.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Principal Sessions Judge, Theni.
2.VR Section Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI,J RR
ORDER
IN CRP (MD). No.1726 of 2025 Date : 15/07/2025 5/5