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P. Vijayabaskar v. P.V. Parvathi

Madras HC3 Feb 2026CRP/1575/2024

Case brief

AI extract

What is this about?

Interim maintenance enhancement; Domestic Violence Act proceedings; DVC.No.85 of 2022; Crl.M.P.No.4676 of 2022; Crl.A.No.118 of 2022; C.R.P.No.1575 of 2024; Article 227 Constitution of India; Madras High Court; Justice S.Sounthar; I Additional District Judge Thiruvallur; maintenance reasonable at less than 25% of gross salary Rs.1,34,367.15; Rs.5,000 each wife and daughter; Rs.20,000 per month minor daughter; civil revision petition dismissed; liberty to modify maintenance on change of circumstances; child custody change.

What did the court decide?

No reduction of the enhanced interim maintenance; the appellate quantum stands. Petitioner given liberty to apply to the learned Magistrate for modification of the interim maintenance quantum upon any change of circumstances (second respondent daughter now in his custody). Dismissal without costs.

P. Vijayabaskar Vs P.V. Parvathi — Domestic Violence | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order of the learned First Additional District Judge, Thiruvallur enhancing the interim maintenance awarded by the learned Magistrate in the Domestic Violence proceedings should be set aside — i.e., whether the enhanced quantum (total Rs.30,000/- per month) is excessive in view of the petitioner's income and requires interference by this Court. +1 more

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Court's answer

Having regard to the income of the petitioner, the quantum of interim maintenance fixed by the Court below (Rs.5,000/- each to respondents 1 and 2 and Rs.20,000/- per month to the minor 3rd respondent) is reasonable; the Court finds no error warranting interference, and the Civil Revision Petition is dismissed.

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Ratio / Principle

The impugned appellate order is less than 25% of the petitioner's gross monthly salary, which was established at Rs.1,34,367.15/- (net Rs.1,13,367/- after deducting Rs.21,000/- towards housing loan repayment), supporting the reasonableness of the enhanced maintenance.

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Key takeaways

Liberty preserved: if there is any change of circumstances (the second respondent daughter now being in the petitioner's custody), it is open to the petitioner to file an appropriate application before the learned Magistrate seeking modification of the quantum of interim maintenance.obiter¶33

Detailed headnote1 paragraphs

Madras High Court (S. Sounthar, J.) dismisses a husband's Civil Revision Petition under Article 227 of the Constitution of India challenging the appellate enhancement of interim maintenance in Domestic Violence Act proceedings (DVC.No.85 of 2022). With the Tribunal fixing the petitioner's gross monthly income at Rs.1,34,367.15/- (net Rs.1,13,367/- after Rs.21,000/- housing-loan deduction), the enhancement by the I Additional District Judge, Thiruvallur — Rs.5,000/- each to the wife and second daughter and Rs.20,000/- per month to the 15-year-old school-going third daughter, totalling Rs.30,000/-, i.e., less than 25% of gross salary — was held reasonable and free from error warranting interference. The petitioner was given liberty to seek modification of the interim maintenance quantum before the learned Magistrate upon any change of circumstances, the second respondent daughter now being in his custody. Dismissed without costs.

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C.R.P.No.1575 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :03.02.2026

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CORAM

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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C.R.P.No.1575 of 2024

P.Vijayabaskar

... Petitioner

vs.

1.P.V.Parvathi 2.V.Dhanasree 3.Minor V.Yamini

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... Respondents

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the order dated 14.08.2023 made in Crl.A.No.118 of 2022 on the file of the I Additional District Judge, Thiruvallur, modifying the order dated 02.09.2022 in Crl.M.P.No.4676 of 2022 in DVC.No.85 of 2022 by allowing this Civil Revision Petition.

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For Petitioners : Mr.R.Prabakar

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For Respondents :No Appearance

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

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C.R.P.No.1575 of 2024

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O R D E R

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The Civil Revision Petition is filed challenging the order passed

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by the learned First Additional District Judge, Thiruvallur in an appeal enhancing the interim maintenance awarded by the learned Magistrate in Domestic Violence Proceedings.

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The Respondents herein filed the complaint under Domestic Violence Act. Pending main proceedings, they also filed miscellaneous petition seeking maintenance for the first respondent/wife and respondents 2 and 3 daughters of the petitioner. The learned Magistrate has directed the petitioner to pay interim maintenance at the rate of Rs.3,000/- to each of the respondent.

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Not satisfied with the quantum of interim maintenance ordered by the learned Magistrate, the respondents preferred an appeal in C.A.No.118 of 2022. The said appeal was partly allowed by directing the petitioner to pay a sum of Rs.5,000/- each to the respondents 1 and 2 and Rs.20,000/- per month to the minor 3^rd respondent. Aggrieved by the said order, the petitioner/husband has come before this Court.

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

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C.R.P.No.1575 of 2024

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The learned counsel appearing for the petitioner would

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submit that having regard to the relative circumstances of the parties, the total amount of Rs.30,000/- ordered by the Appellate Court towards interim maintenance is very much on higher side. Therefore, it requires interference by this Court.

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A perusal of the typed set of papers would indicate that the Tribunal fixed the monthly income of the petitioner at Rs.1,34,367.15/based on the pay slip produced before it. After deducting Rs.21,000/towards repayment of housing loan, the net income of the petitioner was fixed at Rs.1,13,367/- and he has been directed to pay Rs.5,000/- each to the respondents 1 and 2. As far as 3^rd respondent is concerned, she is a school going girl aged about 15 years. Therefore, taking into consideration her educational expenses and minority status, the Appellate Court has directed the petitioner to pay a sum of Rs.20,000/- per month as maintenance to the 3^rd respondent. The impugned order by the Appellate Court is less than 25% of the gross salary of the petitioner, which was established at Rs.1,34,367.15/-.

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

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C.R.P.No.1575 of 2024

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Having regard to the income of the petitioner, the quantum of maintenance amount fixed by the Court below is reasonable one. I do not find any error to interfere with the said order. Accordingly, The Civil Revision Petition stands dismissed.

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The learned counsel appearing for the petitioner would submit that the second respondent daughter is in the custody of the petitioner now and therefore, the said fact may be taken into consideration, If there is any change of circumstances, it is always open to the petitioner to file appropriate application before the learned Magistrate seeking modification of the quantum of interim maintenance. With these liberty, the Civil Revision Petition stands dismissed. No costs.

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03.02.2026

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Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No ub

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

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C.R.P.No.1575 of 2024

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