M.Manicka Prabha v. Jeyaganesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI M.Manicka Prabha

...Petitioner

Vs.

Jeyaganesh

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetal order made in I.A.No.1 of 2023 made in H.M.O.P.No.22 of 2022 dated 16.10.2023 on the file of the Sub Court, Ambasamudram.

For Petitioner : Mr.H.Arumugam For Respondent : Mr.C.Jeganathan

ORDER

This Civil Revision Petition has been filed to set aside the fair and decreetal order made in I.A.No.1 of 2023 in H.M.O.P.No.22 of 2022 dated 16.10.2023 on the file of the Sub Court, Ambasamudram. 1/5

2. The revision petitioner is the wife, and the respondent is the husband. H.M.O.P.No.22 of 2022 was filed by the husband before the trial Court seeking a decree of divorce. Pending the said petition, the wife filed I.A.No.1 of 2023 seeking interim maintenance. The said application was opposed by the respondent/husband. However, by order dated 16.10.2023, the trial Court directed the respondent to pay a sum of Rs.5,000/- per month as interim maintenance to the petitioner, Rs.5,000/- per month towards the maintenance of their child, and Rs.7,000/- as litigation expenses. Aggrieved by the said order, the petitioner has filed the present Civil Revision Petition.

3. The learned counsel appearing for the revision petitioner submitted that the amount awarded by the trial Court is meagre and insufficient to meet the basic needs of the petitioner and the child, particularly in respect of the child's educational expenses. He prayed for enhancement and a specific direction for the payment of educational expenses. He further submitted that the same order was earlier challenged by the respondent before this Court in C.R.P.(MD).No.58 of 2024 and was dismissed on 07.07.2025.

4. The learned counsel appearing for the respondent submitted that the petitioner is entitled to seek appropriate remedy under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). He further submitted that the amount awarded by the trial Court is on higher side and therefore, prayed that 2/5

this Court may modify or reduce the quantum of interim maintenance granted by the trial Court.

5. The facts in the present case are not in dispute. It is evident that the petitioner is taking care of the minor girl child. The Court finds that the amount awarded by the trial Court towards interim maintenance is reasonable and does not warrant interference. However, in the interest of the child, this Court finds it appropriate to direct the respondent to bear the educational expenses of the child.

6. Accordingly, the petitioner is directed to furnish the details of the educational expenses incurred for the child to the respondent within a period of one week from the date of receipt of a copy of this order. Upon receipt of such details, the respondent is directed to pay the said amount directly to the educational institution where the child is studying.

7. The respondent is further directed to pay all arrears of maintenance, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

3/5

8. Accordingly, the Civil Revision Petition stands disposed of. No costs. 10.07.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Sub Court, Ambasamudram.

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

4/5

M.DHANDAPANI , J.

TSG 10.07.2025 5/5