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Madras High CourtCRP(MD)/224/2025dismissed

Gnanaboominathan v. Revathi

2025-07-10Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.[PD](MD)No.224 of 2025 and C.M.P.(MD)No.1413 of 2025 Gnaboominathan

...Petitioner

Vs.

Revathi

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 08.08.2023 passed in I.A.No.37 of 2023 in H.M.O.P.No.176 of 2022 on the file of the Family Court, Ramanathapuram.

For Petitioner : Mr.C.Susikumar, for M/s.Subash Law Office For Respondent : Mr.S.Vikram 1/5

ORDER

This Civil Revision Petition has been filed seeking to set aside the fair and decreetal order dated 08.08.2023 passed in I.A.No.37 of 2023 in H.M.O.P.No.176 of 2022 on the file of the Family Court, Ramanathapuram.

2. The marriage between the petitioner and the respondent was solemnized on 22.01.2015 and they were blessed with a girl child. Due to matrimonial disputes between them, the petitioner herein filed a petition in H.M.O.P.No.176 of 2022 before the learned Family Judge, Ramanathapuram, seeking divorce against the respondent. During the pendency of the petition, the respondent herein filed an interlocutory application in I.A.No.37 of 2023 seeking interim maintenance. The learned Judge granted a sum of Rs.4,000/- to the respondent and Rs.4,000/- to her child. Aggrieved over the same, the present petition has been filed.

3.The learned counsel appearing for the petitioner would submit that the petitioner herein filed a restitution of conjugal rights petition in H.M.O.P.No. 111 of 2022. During the pendency of the petition, the case referred to Lok Adalat. In the Lok Adalat, the petitioner and the respondent expressed their willingness to live together and also agreed not to press any of the pending cases. Accordingly, their statements were recorded and award was passed on 2/5

29.08.20222. In the compliance of the award, all the pending cases were withdrawn. However, the respondent did not come forward to live with the petitioner and instead quaralled with him and his family members. He would submit that fixing the monthly maintenance at Rs.8,000/- is on the higher side and prays for necessary direction.

4. The learned counsel appearing for the respondent would submit that the respondent is now taking care of her child. The petitioner herein has not come forward to live with him. He would further submit that the interim maintenance amount granted by the trial Court is inadequate and hence, he requests before this Court to enhance the interim maintenance amount.

5. I have considered the submissions and perused the materials available on record.

6. Admittedly, the petitioner filed a divorce petition in HMOP No.176 of 2022. Pending petition, the trial Court has fixed the monthly maintenance of Rs.8,000/- to both the respondent as well as the minor daughter. The respondent is residing in Paramakudi Taluk and taking care of the minor daughter and hence, awarding of Rs.4,000/- each to the respondent and the minor child is not considered to be on higher side, in fact, the trial Court, considering the facts and circumstances of the case, has ordered for just and 3/5

reasonable maintenance, which, in the considered opinion of this Court, requires no interference.

7. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed. 10.07.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Family Court, Ramanathapuram.

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

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M.DHANDAPANI , J.

TSG 10.07.2025 5/5