Manimaran v. Syamala Devi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)No.2140 of 2025 and C.M.P.(MD)No.12483 of 2025 Manimaran ... Petitioner Vs.

Syamala Devi ... Respondent PRAYER: Civil Revision Petition - filed under Article 227 of the Constitution of India, to call for the records in connection with I.A.No.1 of 2024 in H.M.O.P.No.176 of 2024 dated 31.01.2025 on the file of the Principal Sub Court, Tenkasi and set aside the same.

For Petitioner : Mr.S.Moorthy

ORDER

This Civil Revision Petition is filed as against the order dated 31.01.2025 made in I.A.No.1 of 2024 in H.M.O.P.No.176 of 2024 on the file of the Principal Sub Court, Tenkasi and set aside the same. 2.The marriage between the petitioner and the respondent was solemnized in the year 2020 and blessed with the girl child. Thereafter, there 1/5

was a matrimonial dispute between the petitioner and the respondent. Thereby, the petitioner has filed a petition in H.M.O.P.No.176 of 2024 for divorce, in which the respondent filed an interlocutory application in I.A.No.1 of 2024 claiming interim maintenance of Rs.40,000/- per month and Rs.20,000/- as litigation fee. After adjudication, the Family Court, ordered a sum of Rs.10,000/- as monthly maintenance. Challenging the same, this Civil Revision Petition is filed.

3.The learned counsel for the petitioner submits that though the petitioner is working in Indian Overseas Bank, he has not received a sum of Rs.70,000/- as monthly salary and he is receiving only a meagre amount as salary. With that salary, he has to take care of his rent and age old parents. He further submits that the respondent is employed in the Teacher in a private School and earning a sum of Rs.25,000/- per month. However, the said defense was not properly considered by the trial Court. 4.Since no adverse order is going to be passed as against the respondent, notice to the respondent is dispensed with. 2/5

5.This Court perused the materials available on record. The interim maintenance awarded by the trial Court to the respondent is put under challenge in this Civil Revision Petition on the ground that the petitioner is not earning a sum of Rs.70,000/- as monthly salary. A meagre sum of Rs.10,000/- per month will not in any way be sufficient for maintaining the respondent and a minor child. However, the petitioner without paying the maintenance amount, has filed present petition seeking to set aside the order of maintenance. The interim maintenance awarded by the trial Court for a meagre sum of Rs.10,000/- is legally sustainable and the same need not be interfered.

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.

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To 1.The Principal Sub Court, Tenkasi.

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

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M.DHANDAPANI,J.

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