Disposed

Sivaprakash v. Lavanya

Madras HC2 Dec 2024CRP(MD)/124/2024

Case brief

AI extract

What is this about?

Husband challenged an interim maintenance award of Rs.15,000 per month to wife and children in a pending divorce petition. Finding neither side produced documentary evidence of income, the High Court reduced maintenance to Rs.12,000 per month, upheld litigation expenses, and directed expeditious disposal of the divorce petition.

What did the court decide?

Maintenance reduced to Rs.12,000/month for wife and children; Rs.10,000 litigation expenses confirmed; arrears payable in two installments within three months; HMOP to be disposed within six months.

Sivaprakash Vs Lavanya — Maintenance and Alimony | Madras HC (2024)

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CRP(MD).No.124 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.12.2024

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CORAM

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THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI

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C.R.P(MD)No.124 of 2024 and CMP(MD).No.558 of 2024

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Sivaprakash

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: Petitioner / respondent

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Vs.

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Lavanya : Respondent / respondent

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records in I.A.No.4 of 2023 in HMOP.No.145 of 2022 on the file of the Sub Court, Devakkottai, Sivagangai District and set aside the order, dated 16.11.2023.

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For Petitioner : Mr.C.Suresh Kannan For respondent : No appearance

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ORDER

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This Civil Revision Petition has been filed to call for the records in I.A.No.4 of 2023 in HMOP.No.145 of 2022 on the file of the Sub Court, Devakkottai, Sivagangai District and set aside the order, dated 16.11.2023.

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CRP(MD).No.124 of 2024

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The marriage between the petitioner / husband and the respondent / wife was solemnized on 11.05.2014 as per Hindu Rites and Customs. Out of the wedlock, two children were born. Thereafter, due to matrimonial discord, both the petitioner and the respondent are living separately. In such circumstances, the respondent herein has filed a petition in HMOP.No.65 of 2017 before the Sub Court, Devakkottai and the same was transferred to Family Court, Coimbatore and re-numbered as HMOP.No.291 of 2018. The petitioner herein has also filed a petition in HMOP.No.145 of 2022 on the file of the Sub Court, Devakkottai for divorce. Pending said HMOP.No.145 of 2022, the respondent / wife has filed an application for interim maintenance in I.A.No.4 of 2023 seeking interim maintenance, in which the trial Court directed the petitioner to pay a sum of Rs.15,000/- as maintenance for her and for the minor children. Against which, the present revision is preferred by the revision petitioner / husband.

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3, The learned counsel appearing for the revision petitioner would submit that the respondent / wife is employed in a private auditor office at Coimbatore and having considerable income to maintain her. Without considering the same, the trial Court has erroneously directed the

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CRP(MD).No.124 of 2024

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petitioner to pay a sum of Rs.15,000/- per month as maintenance for her and for the minor children by its order, dated 16.11.2023 in I.A.No.04 of 2023, which calls for interference by this Court. He would further submit that the petitioner herein has already deposited a sum of Rs.30,000/before the trial Court at the time of admitting this civil Revision Petition.

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Heard the learned counsel for the petitioner and perused the materials available on record. Though notice was served on the respondent and her name is shown in the cause list, the respondent failed to appear.

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On perusal of the records it is seen that, the trial Court has

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ordered a sum of Rs.15,000/- per month as maintenance for the respondent / wife and for her children and Rs.10,000/- for litigation expenses. However, no documentary evidence was produced on the side of the respondent / wife before the trial Court to establish that the petitioner is earning a sum of Rs.45,000/- per month. Likewise, the petitioner also failed to produce any documentary evidence to establish that the respondent / wife is working in a private auditor office and earning a sum of Rs.40,000/- per month.

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CRP(MD).No.124 of 2024

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Considering the facts and circumstances of the case, this Court is inclined to direct the petitioner to pay a sum of Rs.12,000/- per month as maintenance to the respondent / wife and for the children from the date of petition till the date of deposit and also to pay a sum of Rs.10,000/- for litigation expenses. The said maintenance amount to be paid to the respondent on before 10^th day every English Calender month. Further, the petitioner is directed to deposit the arrears of maintenance in two installments, after deducting the amount already deposited, within a period of three months from the date of receipt of a copy of this order. Since the HMOP is of the year 2022, the concerned Court is directed to dispose of the same, within a period of six months from the date of receipt of a copy of this order.

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Accordingly, this Civil Revision Petition is disposed of.

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No costs. Consequently, the connected Miscellaneous Petition is closed.

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02.12.2024

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Index : Yes / No Internet : Yes/ No trp

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CRP(MD).No.124 of 2024

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The Sub Court, Devakkottai, Sivagangai District

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CRP(MD).No.124 of 2024

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K. GOVINDARAJAN THILAKAVADI, J.,

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trp

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C.R.P(MD)No.124 of 2024 and CMP(MD).No.558 of 2024

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02.12.2024

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Sivaprakash v. Lavanya

Case brief

What is this about?

What did the court decide?

Sivaprakash v. Lavanya

Case brief

What is this about?

What did the court decide?

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