Father of the husband challenged an interim maintenance award of Rs.20,000 per month to the wife and two children in a pending divorce case. The court found the Rs.10 lakh deposit was a fixed deposit not withdrawable for interest, and the husband earned Rs.2,40,000 monthly, so the award was justified.
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C.R.P.(MD)No.1930 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.R.P(PD)(MD)No.1930 of 2025
A.Arunan, Represented by his Power Agent, Annadurai, S/o. Solaimalai, No.3/678, Subramaniyapuram 7th Street, Karaikudi, Sivagangai District.
... Petitioner/Respondent/ Petitioner
Vs.
Pandi Kokila
... Respondent/Petitioner/ Respondent
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order passed by the learned Sub Judge, Devakottai in I.A.No.8 of 2022 in H.M.O.P.No.55 of 2019, dated 18.02.2025.
For Petitioner : Mr.P.Venkata Subramanian
ORDER
This Civil Revision Petition is filed challenging the order passed by the learned Sub Judge, Devakottai in I.A.No.8 of 2022 in H.M.O.P.No.55 of 2019, dated 18.02.2025.
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2.The marriage between the petitioner's son and the respondent was solemnized on 10.09.2010 and they were blessed with two children. Thereafter, there was a matrimonial dispute between the petitioner's son and the respondent. Thereby, the petitioner's son filed a petition for divorce in H.M.O.P.No.55 of 2019. Pending divorce proceedings, the respondent filed an interlocutory application in I.A.No.8 of 2022 claiming interim maintenance under Section 24 of the Hindu Marriage Act. The trial Court by an order dated 18.02.2025 awarded a sum of Rs.10,000/- for the respondent and Rs.5,000/- each for the two children, totally, Rs.20,000/- per month as interim maintenance was awarded. Challenging the same, the petitioner has filed this Civil Revision Petition.
3.The learned counsel for the petitioner submits that the divorce petition was filed on the ground of desertion and cruelty. The said petition is pending. The petitioner's son is working in South Arabia. He has deposited a sum of Rs.10,00,000/- in the name of the children of the petitioner's son and the respondent is entitled to receive the interest for maintaining the children. Further, the petitioner's son is also paying maintenance to his wife through their family members. However, the respondent suppressing all these facts had obtained the award of interim maintenance to the tune of Rs.20,000/- and the same is not sustainable.
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4.Since no adverse order is going to be passed as against the respondent, notice to the respondent is dispensed with.
5.This Court perused the materials available on record. The interim maintenance awarded by the trial Court to the respondent is put under challenge in this Civil Revision Petition on the ground that the petitioner's son has already deposited a sum of Rs.10,00,000/- in an interest bearing account and also enabling the petitioner to withdraw the said interest for maintaining the children and he is also paying maintenance to the respondent through his family members.
6.The petitioner has also produced copy of the receipt with regard to the deposit of Rs.10 lakhs in the name of his children. Perusal of the same reveals that it is only a fixed deposit and the same could be withdrawn only after maturity. Further, no interest can be withdrawn from the said fixed deposit. It is also to be noted that the petitioner is working in South Arabia and he is earning a sum of Rs.2,40,000/- per month. Hence, the interim maintenance awarded by the trial Court for a meagre sum of Rs.20,000/- is legally sustainable and the same need not be interfered.
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C.R.P.(MD)No.1930 of 2025
7 .Accordingly, this Civil Revision Petition stands dismissed. There shall
be no order as to costs.
22.07.2025
Index : Yes/No Internet : Yes / No ta
To
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C.R.P.(MD)No.1930 of 2025
M.DHANDAPANI,J.
ta
C.R.P.(PD)(MD)No.1930 of 2025
22.07.2025
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1 issue framed by the court
Whether the interim maintenance of Rs.20,000/- per month awarded to the wife and two children under Section 24 Hindu Marriage Act should be set aside given the husband's fixed deposit and payments.
2 provisions across 2 enactments
A.Arunan (represented by Power Agent Annadurai)
Pandi Kokila
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
