Priyanka v. Dinesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and C.M.P.(MD).No.19753 of 2025 Priyanka ... Petitioner / Petitioner / Respondent -vs.- Dinesh ... Respondent / Respondent / Petitioner PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records of the order dated 31.07.2025 passed in I.A.No.3 of 2025 in H.M.O.P.No.453 of 2024 on the file of the learned Family Court, Dindigul and set aside the same by allowing the civil revision petition. For Petitioner :

Mr.N.Rahamaduallah For Respondent :

Mr.S.Chilambarasan Legal Aid Counsel (vide order dated 22.01.2026) 1/5

O R D E R

The present Civil Revision Petition has been filed challenging the order dated 31.07.2025 passed in I.A.No.3 of 2025 in H.M.O.P.No.453 of 2024 on the file of the learned Family Court, Dindigul, whereby the respondent was directed to pay a sum of Rs.5,000/- as interim maintenance to the petitioner till the disposal of the original petition. Aggrieved by the quantum so fixed, the wife has filed the present revision petition seeking enhancement.

2. Mr.N.Rahamaduallah, learned counsel appearing for the petitioner submitted that the respondent is working as an interior engineer and is earning a substantial income. However, without properly considering the respondent's earning capacity, the Trial Court has fixed a meagre sum of Rs. 5,000/- as interim maintenance.

3. Per contra, Mr.S.Chilambarasan, learned Court appointed Legal Aid Counsel appearing for the respondent submitted that there is no material placed on record to substantiate the claim regarding the respondent's alleged income. It was further submitted that in the absence of proof regarding 2/5

income and liabilities, the Trial Court has fixed a reasonable amount as interim maintenance.

4. Heard the learned counsel on either side and perused the materials available on record.

5. Considering the facts and circumstances of the case, and taking note of the present cost of living, this Court is of the view that the sum of Rs. 5,000/- fixed by the Trial Court is on the lower side. Accordingly, the order of the Trial Court is modified, and the interim maintenance is enhanced to Rs. 10,000/- per month payable to the petitioner from the date of this order. The arrears, if any, as per the earlier order shall remain undisturbed.

6. In the result, with the above modification, this Civil Revision Petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed.

7. As the respondent did not appear before this Court, despite his name having been printed in the cause list, this Court nominated 3/5

Mr.S.Chilambarasan as Legal Aid Counsel to represent him. This Court placed its appreciation on the learned Court appointed Legal Aid Counsel for the respondent, who has rendered his effective submission for arriving at the appropriate decision. The High Court Legal Services Committee attached to this Bench shall pay a sum of Rs.10,000/- in toto as remuneration to the learned Court appointed Legal Aid Counsel, who is appearing for the respondent, within a period of two weeks from the date of receipt of a copy of this order.

20.02.2026 Speaking : Yes / No NCC : Yes / No Internet : Yes / No Index : Yes / No pal To The Family Court, Dindigul.

Copty to The High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

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N.SENTHILKUMAR,J.

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