Aarthy v. Selvarajan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/08/2025
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.2021 of 2025 Aarthy ... Petitioner Vs 1.Selvarajan 2.Vijayarajan 3.Saroja 4.Valarmathi 5.Venkatesh ... Respondents PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India seeking to modify the order to enhancement of maintenance amount passed in C.A.No.27 of 2024 by an order dated 07.04.2025 on the file of the Additional District and Sessions Court, Virudhunagar and the order passed in D.V.C.No.21 of 2021 dated 11.08.2023 on the file of the Judicial Magistrate Court No.II, Virudhunagar.
For Petitioner : Mr.G.Mariappan For R-1 : Mr.M.K.Suresh 1/7
ORDER
This Civil Revision Petition has been filed seeking to modify the order to enhancement of maintenance amount passed in C.A.No.27 of 2024 by an order dated 07.04.2025 on the file of the Additional District and Sessions Court, Virudhunagar and the order passed in D.V.C.No.21 of 2021 dated 11.08.2023 on the file of the Judicial Magistrate Court No.II, Virudhunagar.
2. The petitioner herein filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, in D.V.C.No. 21 of 2021 before the learned Judicial Magistrate No.II, Virudhunagar, against the respondents. The first respondent is the husband of the petitioner, the second and third respondents are the father and mother of the first respondent, and the fourth and fifth respondents are the siblings of the first respondent. The trial Court, by order dated 11.08.2023, directed the first respondent to pay a sum of Rs.8,000/- per month as maintenance to the petitioner, and further directed payment of rent of Rs.7,000/- if the aggrieved person was residing in a rented premises. 2/7
Thereafter, the petitioner and her minor son filed Cr.M.P.No.14555 of 2023 before the trial Court seeking payment of arrears of maintenance, which is pending. Aggrieved by the order dated 11.08.2023, the petitioner preferred a Criminal Appeal in C.A.No.27 of 2024 before the learned Additional District and Sessions Judge, Virudhunagar. On 07.04.2025, the learned appellate Judge partly allowed the appeal and, apart from the rent of Rs.7,000/- awarded by the trial Court, directed the first respondent to pay a sum of Rs.8,000/- per month as maintenance to the petitioner and Rs.6,000/- per month to the minor child, payable on or before the 5th day of every English calendar month. Seeking further enhancement of the maintenance amount, the present petition has been filed.
3. The learned counsel for the petitioner submitted that the marriage between the petitioner and the first respondent was solemnized on 05.09.2010, and a male child was born to them. Due to matrimonial disputes, the petitioner initiated domestic violence proceedings. It is further submitted that the respondents had earlier filed C.R.P.(MD) No. 1419 of 2025 before this Court, seeking to set aside the order dated 3/7
07.04.2025 in C.A.No.27 of 2024 and to modify the order dated 11.08.2023 in D.V.C.No.21 of 2021. The said revision petition was dismissed by this Court on 14.07.2025. He further submitted that the maintenance awarded by the Courts below is meagre. He contended that the first respondent is employed as a Manager in the Karur Vysya Bank, Madurai, earning more than Rs.1,40,000/- per month, and hence the maintenance amount requires enhancement. Accordingly, he prayed for allowing the petition.
4. Per contra, the learned counsel for the first respondent submitted that the petitioner is employed as a Teacher, earning more than Rs.50,000/- per month, and that the trial Court has already granted a substantial maintenance amount. It was therefore argued that no further interference is warranted.
5. This Court has considered the rival submissions and perused the records. It is an admitted fact that the first respondent is working as the Manager in the Karur Vysya Bank and earning more than Rs.1,40,000/- per month. There is no documentary proof produced by the respondents 4/7
to substantiate the claim that the petitioner is earning Rs.50,000/- per month. Considering the status of the parties and the needs of the petitioner and the minor child, this Court finds it appropriate to enhance the maintenance amount.
6. Accordingly, the maintenance awarded by the Courts below is modified as follows:
(i) The first respondent is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) per month towards rent; (ii) The first respondent is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) per month as maintenance to the petitioner; and (iii) The first respondent is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) per month as maintenance to the minor child.
7. The above amounts shall be paid from 07.09.2025 onwards, on or before the 7th day of every English calendar month. The first respondent is further directed to deposit the entire arrears amount ordered 5/7
by the trial Court and confirmed by the lower appellate Court before the trial Court within a period of eight (8) weeks from the date of receipt of a copy of this order and the petitioner is permitted to withdraw the entire arrears amount. The first respondent shall also bear the educational expenses of the minor child.
8. Accordingly, the Civil Revision Petition stands disposed of. No costs.
11.08.2025 NCC : Yes/No Index : Yes/No TSG TO 1.The Additional District and Sessions Court, Virudhunagar. 2.The Judicial Magistrate Court No.II, Virudhunagar. 3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.
6/7
M.DHANDAPANI,J TSG
ORDER
IN CRP(MD).No.2021 of 2025 Date : 11/08/2025 7/7