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R.Keerthi v. R.Premalatha

Madras HC29 Jul 2025CRP/696/2025

Case brief

AI extract

What is this about?

Keywords: Section 26 PWDVA residence order set aside; right to reside shared household S.17; Civil Revision Petition Article 227 Madras High Court; Family Court Chennai O.P.No.555 of 2024 I.A.No.3 of 2024; husband arranged leased rental accommodation Villivakkam rent Rs.5000; wife refused alternative accommodation; interim maintenance Rs.12000 arrears twelve weeks; parties R.Keerthi v. R.Premalatha; coram Justice P.B. Balaji; decided 29.07.2025.

What did the court decide?

Civil Revision Petition allowed: order and decree in I.A.No.3 of 2024 in O.P.No.555 of 2024 dated 18.01.2025 set aside; arrears of maintenance to the wife and minor son directed to be settled within twelve weeks; no costs; connected miscellaneous petition (C.M.P.No.3959 of 2025) closed. ¶32

R.Keerthi Vs R.Premalatha — Domestic Violence | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order and decree in I.A.No.3 of 2024 in O.P.No.555 of 2024 dated 18.01.2025 granting the respondent/wife a residence under Section 26 of the Protection of Women from Domestic Violence Act, 2005 should be set aside in the civil revision petition. +1 more

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Court's answer

Given the original prayer in I.A.No.3 of 2024 was only for residence in the shared house at Ambattur, Chennai, and the petitioner has taken a rental residential accommodation exclusively for accommodating the respondent/wife and the minor son pursuant to this Court's order dated 15.04.2025, the application under Section 26 of the Protection of Women from Domestic Violence Act, 2005 cannot be entertained at this length of time.

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Ratio / Principle

Recording the respondent's personal appearance and her expressed unwillingness to occupy the residential house identified by the petitioner, the order passed in I.A.No.3 of 2024 is set aside.

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Key takeaways

Any arrears payable towards maintenance to the wife and minor son shall be settled within a period of twelve weeks from the date of receipt of a copy of this order.ratio¶31

Detailed headnote1 paragraphs

Madras High Court (P.B. Balaji, J.), allowing a Civil Revision Petition under Article 227 of the Constitution of India, set aside the order dated 18.01.2025 of the VII Additional Principal Judge, Family Court, Chennai in I.A.No.3 of 2024 in O.P.No.555 of 2024, whereby the wife's application under Section 26 of the Protection of Women from Domestic Violence Act, 2005 for a residence in the shared household at Ambattur, Chennai (allowed by the Family Court on the basis of the Section 17 right to reside) was granted. Pending divorce proceedings, and pursuant to this Court's order dated 15.04.2025, the petitioner/husband had identified a property at Villivakkam, executed a lease and was paying rent of Rs.5,000/- exclusively to accommodate the wife and minor son; the respondent, present in person, declined to occupy the identified house. Holding the Section 26 application could not be entertained at that length of time given the altered position, the Court set aside the Family Court's order. As interim maintenance of Rs.12,000/- fixed for the wife and minor son remained unpaid, arrears were directed to be settled within twelve weeks. No costs; connected C.M.P. closed.

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C.R.P.No.696 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 29.07.2025

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CORAM

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THE HONOURABLE MR. JUSTICE P.B.BALAJI

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C.R.P.No.696 of 2025 and C.M.P.No.3959 of 2025

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R.Keerthi ... Petitioner

Vs.

R.Premalatha

... Respondent

Prayer: C ivil Revision Petition filed under Article 227 of the Constitution of India, pleased to allow this Civil Revision Petition and to set aside the order and decree in I.A.No. 3 of 2024 in O.P.No. 555 of 2024 dated 18.01.2025 on the file of the VII Additional Principal Judge, Family Court, Chennai.

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For Petitioner : Mr.S.Krishnasamy For Respondent : Mr.R.Barnabas

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ORDER

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Heard Mr.S.Krishnasamy, learned counsel for the petitioner/husband

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and Mr.R.Barnabas, learned counsel for the respondent/wife.

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2. Pending divorce proceedings initiated by the husband in O.P.No.555 of 2024 before the V II Additional Principal Judge, Family Court, Chennai, the respondent/wife filed an application under Section 26 of Protection of Women from Domestic Violence Act, 2005 for providing a

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C.R.P.No.696 of 2025

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residence for the respondent.

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The Family Court, in and by order dated 18.01.2025, allowed the application finding that revision petitioner has not paid any amount for the

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maintenance of the wife and the child and since Section 17 of the Act provides for a right to reside in the shared household, whether or not the wife has any right, title or beneficial interest in the same, the Family Court proceeded to allow the application. The prayer in said I.A.No.3 of 2024 was only for shared household at Ambattur, Chennai. The said order was challenged before this Court by the revision petitioner and at the time of admission, after posting the matter for orders in the presence of the respondent, this Court noted that the conduct of the wife is not bonafide and after the husband has taken a separate property on rent, the wife has changed her stand that she must live closer to the place where her son is studying. This Court also noted that the prayer in IA.No.3 of 2024 before the family court was only for joint residence at Redhills and not in Ashok nagar. In furtherance of the order of this Court, the revision petitioner had identified the property and also entered into a lease agreement with the landlord and he has been paying rent for the property, for the respondent to occupy the same. It is also admitted that the said property is in Villivakkam, where the petitioner was residing at the time of filing application in I.A.No.3 of 2024. The Page 2 of 5

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petitioner has therefore taken all diligent steps to ensure that the respondent is provided a decent residential accommodation. However, as noted by this Court in the order dated 15.04.2025 that the wife's conduct is not bonafide and she changes her goal post everytime, the petitioner/husband comes forward to accept the demands of the respondent.

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In the light of the above, it is open to the respondent/wife to accept the rental accommodation that has been identified by the petitioner for the residence of the respondent and minor son. In view of the original prayer sought for in I.A.No.3 of 2024 seeking for residence in the shared house at Ambattur, Chennai where the petitioner originally resided and the petitioner having also taken a rental residential accommodation for the exclusive purpose of accommodating the respondent/wife and the minor son, I do not see how the application under Section 26 can be entertained at this length of time, especially in the light of the position having been altered pursuant to the orders of this Court dated 15.04.2025. The respondent, who is present in person states she is not willing to occupy the residential house that has been identified by the petitioner. Recording the said submission of the respondent who has appeared in person and expressed her unwillingness, I am inclined to set aside the order passed in I.A.No.3 of 2024.

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It is also brought to my notice by the counsel for the respondent

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C.R.P.No.696 of 2025

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the maintenance application that has been filed by the respondent is pending and interim order has been passed fixing a sum of Rs.12,000/- payable to both wife and minor son. It is also the submission of the learned counsel for the respondent that the said amount has not been paid till date. In the event of any such order having been passed and in view of the fact that the petitioner has taken up a property for the residence of the respondent and has been paying rent of Rs.5,000/-, it is directed that any arrears payable towards maintenance to the wife and minor son shall be settled within a period of twelve weeks from the date of receipt of copy of this order.

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