Madras High CourtCRP(MD)/4/2025dismissed

Gnanaselvam v. Muthulakshmi

2025-07-18Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18/07/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.4 of 2025 and CMP(MD) No.58 of 2025 Gnanaselvam through his power of Attorney V.Pandiyammal ... Petitioner Vs Muthulakshmi ... Respondent PRAYER :- Civil Revision Petition filed under Article 227 of The Constitution of India to set aside the Fair and Decreetal order dated 01.04.2024 by the Sub Court, Devakottai made in IA No.1 of 2023 in HMOP No.86 of 2022.

For Petitioner : Ms.B.Muthumari For Respondent : Mr.S.Najimudeen

ORDER

The Civil Revision Petition is filed against the fair and decreetal order dated 01.04.2024 by the Sub Court, Devakottai made in IA No.1 of 2023 in HMOP No.86 of 2022.

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2. The petitioner is the husband and the respondent is the wife and their marriage was solemnized on 25.04.2018 at Paruthiyur, Devakottai and since there was a matrimonial discard, the petitioner filed a petition for divorce in HMOP No.86/2022, in which, the respondent filed a petition in IA No.1 of 2023 claiming maintenance. The trial Court vide order dated 01.04.2024 has ordered for a maintenance of Rs.10,000/- to the wife. However, aggrieved by the same, the petitioner is before this Court.

3. The learned counsel for the petitioner would submit that the petitioner was working as contract labourer in Singapore, however, due to the completion of the said contract, now the petitioner is jobless and hence, the interim maintenance awarded by the trial Court is found to be exorbitant and prays for interference.

4. The learned counsel for the respondent, per contra, would contend that the petitioner is working in Singapore and earning a sum of Rs.1,10,000/- and hence, the amount awarded by the trial Court is very 2/5

meagre and in addition to the said maintenance, the trial Court has awarded Rs.20,000/- towards litigation expenses. For these reasons, the learned counsel prays for dismissal of the petition.

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 petitioner is employed in Singapore and earning considerably and the respondent/wife has to take care of herself, the maintenance awarded by the trial Court is Rs.10,000/-, which is found to be very meagre, which need not be interfered with.

7. Accordingly, the Civil Revision Petition is dismissed. However, the petitioner shall deposit the entire arrears within a period of four weeks from the date of receipt of a copy of this order and continue to pay the maintenance of Rs.10,000/- as ordered by the trial Court, every month, ie., on or before 5th of every month without fail. In case of default in paying the maintenance, the first respondent is at liberty to proceed in 3/5

accordance with law. No costs. Consequently connected Miscellaneous Petition is closed.

18.07.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Sub Court, Devakottai 2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) No.4 of 2025 Date : 18/07/2025 5/5