Dismissed¶31

Jeyanthi, v. Mahendran

Maintenance – Enhancement

Madras HC12 Nov 2025CMA(MD)/763/2021

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Case brief

AI extract

What is this about?

C.M.A(MD)No.763 of 2021; enhancement of monthly maintenance; permanent alimony claim of Rs.10,00,000/- rejected; Section 25 and Section 25(2) Hindu Marriage Act; Section 19 Family Courts Act appeal; no perversity absent specific material on husband's assets; Family Court, Theni; O.P.No.13 of 2020 divorce on cruelty and desertion; I.A.No.1 of 2020; Rs.5,000/- monthly maintenance confirmed; Madurai Bench of Madras High Court; P.Velmurugan J.; L.Victoria Gowri J.; appeal dismissed; liberty under Section 25(2) on change of circumstances.

What did the court decide?

None; appeal dismissed and Family Court order dated 30.03.2021 confirmed, with liberty reserved to the appellant to invoke Section 25(2) Hindu Marriage Act upon change of circumstances, and no costs. ¶31

Jeyanthi, Vs Mahendran — Matrimonial and Divorce | Madras HC (2025)

What the court decided

AI extract

Outcome

None; appeal dismissed and Family Court order dated 30.03.2021 confirmed, with liberty reserved to the appellant to invoke Section 25(2) Hindu Marriage Act upon change of circumstances, and no costs.

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Issue for consideration

Whether the Family Court's order granting only Rs.5,000/- monthly maintenance, instead of the Rs.10,00,000/- permanent alimony claimed by the wife under Section 25 of the Hindu Marriage Act, suffers from any perversity and warrants enhancement.

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Court's answer

In the absence of any specific material showing the respondent-husband's assets or capacity to pay more, this Court does not find any perversity in the Family Court's order awarding monthly maintenance of Rs.5,000/-.

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Ratio / Principle

The Civil Miscellaneous Appeal is dismissed and the order of the learned Family Court Judge, Theni in I.A.No.1 of 2020 dated 30.03.2021 is confirmed.

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Key takeaways

The appellant is left at liberty to work out her remedy in the manner known to law by invoking Section 25(2) of the Hindu Marriage Act if there is any change in circumstances; no costs.obiter¶31

Detailed headnote1 paragraphs

Maintenance - Enhancement - Civil Miscellaneous Appeal under Section 19 of the Family Courts Act against order dated 30.03.2021 of the Family Court, Theni in I.A.No.1 of 2020 in O.P.No.13 of 2020 (wife's divorce petition on grounds of cruelty and desertion) - Wife claimed permanent alimony of Rs.10,00,000/- under Section 25 of the Hindu Marriage Act; Family Court, noting absence of materials on the husband's movable and immovable assets and that he survived on sole income from a cell phone service business, awarded monthly maintenance of Rs.5,000/- - Madras High Court (Madurai Bench) held that in the absence of any specific material there was no perversity in the Family Court's order - Appeal dismissed, order confirmed - Liberty reserved to the wife to invoke Section 25(2) of the Hindu Marriage Act on any change in circumstances - No costs.

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C.M.A(MD)No.763 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.11.2025

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CORAM

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THE HONOURABLE MR. JUSTICE P.VELMURUGAN

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and

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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C.M.A(MD)No.763 of 2021

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Jeyanthi

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...Appellant/Petitioner

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Vs.

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Mahendran

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...Respondent/Respondent

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Prayer:- This Civil Miscellaneous Appeal is filed under Section 19 of Family Courts Act, to set aside the order dated 30.03.2021 passed in I.A.No. 1 of 2020 in O.P.No.13 of 2020 by the Family Court, Theni.

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For Appellant : Mr.G.Aravinthan For Respondent : Mr.S.Siva Thilagar

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J U D G M E N T

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(Judgment of the Court was made by the Hon'ble P.VELMURUGAN J.)

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This Civil Miscellaneous Appeal is filed against the order dated

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30.03.2021 passed in I.A.No.1 of 2020 in O.P.No.13 of 2020 by the Family

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Court, Theni.

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https://www.mhc.tn.gov.in/judis

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C.M.A(MD)No.763 of 2021

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Wife is the appellant and the husband is the respondent herein. Wife filed O.P.No.13 of 2020 before the Family Court, Theni for divorce on the ground of cruelty and desertion. Pending the said application, the appellant filed I.A.No.1 of 2020 under Section 25 of Hindu Marriage Act seeking permanent alimony to a sum of Rs.10,00,000/-. While disposing the petition for divorce, the Judge, Family Court has also disposed the said I.A., observing that the petitioner has not produced any materials to show the assets of movable and immovable properties available with the respondent. The trial Court further observed that the respondent is surviving on the sole income from the cell phone service business and directed the respondent to pay the monthly maintenance of Rs.5,000/- to the appellant.

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Challenging the said order, the wife filed the present appeal seeking enhancement of monthly maintenance.

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A reading of the entire materials shows that though the appellant claimed a permanent alimony of Rs.10,00,000/-, she has not produced any materials to show the assets of movable and immovable properties available with the respondent and the respondent is affordable to pay a sum of Rs.5,000/- as monthly maintenance and ordered a monthly maintenance of Rs.5,000/-.

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https://www.mhc.tn.gov.in/judis

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C.M.A(MD)No.763 of 2021

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Therefore, in the absence of any specific material, this Court

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does not find any perversity in the order passed by the learned Family Judge. Accordingly, this appeal is dismissed and the order passed by the learned Family Court Judge, Theni made in I.A.No.1 of 2020, dated 30.03.2021 is confirmed. However, the appellant is at liberty to work her remedy in the manner known to law by invoking under Section 25(2) of the Hindu Marriage Act, if any change in circumstances. No costs.

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12/11/2025

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Index : Yes/No. Internet : Yes/No.

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To:

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The Family Court, Theni.

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