Christy Paulina v. Giftson

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)No.13621 of 2025 Christy Paulina

...Petitioner

Vs.

Giftson

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to call for the records relating to the order passed by the Family Court, Thoothukudi in I.A.No.4 of 2022 in D.O.P.No.293 of 2021 dated 19.04.2025 and set aside the same by allowing this Civil Revision Petition. For Petitioner : Mr.T.J.Ebenezer Charles 1/5

O R D E R

This petition has been filed seeking to set aside the order passed by the Family Court, Thoothukudi in I.A.No.4 of 2022 in D.O.P.No.293 of 2021 dated 19.04.2025.

2.Learned Counsel for the petitioner would submit that the respondent husband filed a divorce petition in D.O.P.No.293 of 2021, in which the petitioner filed I.A.No.4 of 2022, claiming interim maintenance. The trial Court by order dated 19.04.2025 granted interim maintenance of Rs.13,000/- to the minor child. However, no maintenance amount was ordered to the petitioner herein. Challenging the same, the present Civil Revision Petition has been filed. 3.However, learned Counsel for the petitioner would submit that though the petitioner is employed as school teacher and earning Rs.8,000/-, the said sum of Rs.8,000/- is not sufficient to maintain herself, whereas the respondent is earning a monthly salary of Rs.1,50,000/- and has own house in Pune apart from other own houses in Tamil Nadu. However, the trial Court has not ordered any maintenance to the petitioner. Therefore, the petitioner prays for appropriate orders from this Court.

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4.Since no adverse orders are going to be passed by this Court, notice to the respondent is dispensed with.

5.This Court perused the impugned order, which reveals that the petitioner is employed as Head of the Department [English]. Having been employed as Head of the Department, claiming to earn Rs.8,000/- is unbelievable. The basic salary is said to be Rs.16,000/- per month. Since the petitioner is employed and is capable of maintaining herself, the trial Court has refused to award any maintenance amount. However, ordering Rs.13,000/- to her son is not perverse and hence, the order of the trial Court needs no interference by this Court.

6.Accordingly, this Civil Revision Petition is dismissed. However, liberty is granted to the petitioner to file a separate Maintenance Case claiming maintenance by producing the assets and liabilities. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 20.08.2025 Internet:Yes/No Index:Yes/No MR 3/5

To 1.The Family Court, Thoothukudi.

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

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M.DHANDAPANI , J.

MR 20.08.2025 5/5