Partly allowed¶37

Saravanan v. Anitha

Interim maintenance – reduction

Madras HC18 Feb 2025CRP(MD)/2867/2024

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Case brief

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What is this about?

CRP(MD) 2867 of 2024, Madras High Court Madurai Bench, R. Vijayakumar J., 18.02.2025 — Article 227 revision against interim maintenance order in divorce petition; husband unemployed, farming livelihood; interim maintenance reduced from Rs.7,000/- to Rs.5,000/- per month; Rs.10,000/- litigation expenses confirmed; trial Court directed to decide H.M.O.P.No.144 of 2022 by 31.08.2025; no precedents cited.

What did the court decide?

Civil Revision Petition partly allowed: interim monthly maintenance reduced from Rs.7,000/- to Rs.5,000/-; litigation expenses of Rs.10,000/- fixed by the trial Court confirmed; Additional Sub Court, Tenkasi directed to dispose of H.M.O.P.No.144 of 2022 on or before 31.08.2025; connected Civil Miscellaneous Petition (C.M.P(MD)No.16402 of 2025) closed; no costs. ¶37

Saravanan Vs Anitha — Writ and Judicial Review | Madras HC (2025)

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C.R.P(MD)No.2867 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 18.02.2025

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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C.R.P(MD)No.2867 of 2024 and C.M.P(MD)No.16402 of 2025

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Saravanan ... Petitioner/Respondent/ Petitioner

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Vs.

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Anitha ... Respondent/Petitioner/ Respondent

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PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the order, dated 10.09.2024 in I.A.No.1 of 2024 in H.M.O.P.No.144 of 2022 on the file of the learned Additional Sub Court, Tenkasi.

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For Petitioner : Mr.J.Senthil Kumaraiah

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For Respondent : Mr.S.Balamurugan

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

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C.R.P(MD)No.2867 of 2024

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ORDER

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The petitioner in H.M.O.P.No.144 of 2022 on the file of the learned Additional Sub Court, Tenkasi is the revision petitioner herein.

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The petitioner herein had filed the above petition for the relief of divorce. Pending H.M.O.P, the wife had filed I.A.No.1 of 2024 seeking interim maintenance of Rs.25,000/- for herself and another Rs. 25,000/- for her son and Rs.10,000/- as litigation expenses. This application was partly allowed fixing the interim maintenance as of Rs. 7,000/- for both the mother and the son. The trial Court has also directed the petitioner to pay a sum of Rs.10,000/- towards litigation expenses. This order is challenged by the husband.

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According to the learned counsel appearing for the revision petitioner, the husband is unemployed and he is undertaking farming activities and therefore, the payment of Rs.7,000/- per month as interim maintenance is not financially viable for the petitioner. At the time of admitting the revision petition, this Court has directed the husband to pay

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

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C.R.P(MD)No.2867 of 2024

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a sum of Rs.5,000/- as maintenance till the disposal of the revision petition. According to the learned counsel appearing for the wife, maintenance amount for the month of January-2025 and February-2025 have not yet been paid.

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I have carefully considered the submissions made on either side and perused the records filed in support of the revision petition.

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The husband has contended that though he is a Post Graduate, he is residing with his parents and eking out his livelihood only by undertaking farming activities. No other contra records have been produced on the side of the wife to point out the husband is earning income from any other source. In such circumstances, this Court is of the considered opinion that the interim monthly maintenance could be fixed at Rs.5,000/- per month instead of Rs.7,000/-. However, the order of the trial Court with regard to litigation expenses is confirmed.

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