CRP(PD).No.114 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.02.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA CRP.(PD).No.114 of 2025 and C.M.P.No.860 of 2025 K.Dinesh ... Petitioner Vs. Smt.Sinduja @ Divya ... Respondent Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 21.10.2024 in I.A.No.1 of 2024 in HMOP.No.596 of 2022 on the file of the Hon'ble Subordinate Judge, Alandur and allow the CRP. For Petitioner : M/s.B.Gandhi For Respondent : M/s.R.Thirumoorthy O R D E R The above Civil Revision Petition is filed challenging the order passed by the Sub Court, Alandur in I.A.No.1 of 2024 in HMOP.No.596 of 2022 in and by which the learned Judge had directed the 1/5 https://www.mhc.tn.gov.in/judis CRP(PD).No.114 of 2025 petitioner/husband herein to pay a sum of Rs.10,000/- as monthly interim maintenance to his wife the respondent herein together with litigation expenses of Rs.10,000/- and to bear the educational expenses of the child. 2. The brief facts which has culminated in the filing of the above Civil Revision Petition are herein below set out. 3. The petitioner/husband had filed HMOP.No.282 of 2022 on the file of the Sub Court, Alandur for divorce on the ground of cruelty and the respondent/wife had filed HMOP.No.596 of 2022 on the file of the same Court seeking the restoration of conjugal rights. 4. In her petition for restoration of conjugal rights the respondent/wife had taken out an application (IA.No.1/2024) seeking interim maintenance of Rs.60,000/- for herself and her child along with the annual school fees including transportation, extra-curricular activities, private tuition fee etc., for academic year 2023-2024 to the tune of Rs.1,00,000/- and litigation expenses of Rs.1,00,000/-. The respondent/wife would submit that she is unemployed and the child is with her and the petitioner/husband has not taken any steps whatsoever to maintain either his child or the respondent/wife. Both of them are totally 2/5 https://www.mhc.tn.gov.in/judis CRP(PD).No.114 of 2025 dependent on the respondent's parents. Therefore, the respondent/wife had come forward with the above application for interim maintenance. 5. In the counter filed by the respondent/husband he would submit that he is only carrying on a business of supplying water cans and the income that has been set out in the petition is absolutely imaginary whereas in reality the he is only earning a sum of Rs.8,000/- to Rs.10,000/- per month. 6. The learned Trial Judge after considering the day to day escalation of cost to maintain a school going child, the inflation rate and the status of the petitioner/husband, awarded a sum of Rs.10,000/- as monthly interim maintenance and Rs.10,000/- towards litigation expenses. The petitioner/husband was also directed to pay the educational expenses of the child. Challenging the same, the petitioner/husband is before this Court. 7. Heard the counsels on either side and perused the records. 8. The petitioner/husband has not been able to substantiate the fact that he is earning only a sum of Rs.8,000/- or Rs.10,000/- per month. Admittedly, the child is school going and the education expenses as well as the child’s day to day expenses are to be borne by the petitioner herein who 3/5 https://www.mhc.tn.gov.in/judis CRP(PD).No.114 of 2025 is the father. Admittedly, the respondent/wife is not employed and as on date the expenses of both the respondent/wife as well as her child is being taken care by her parents. The petitioner/husband is duty-bound to maintain his wife and child and he cannot shirk this responsibility. Though the respondent/wife has claimed a sum of Rs.60,000/- as maintenance and Rs.1,00,000/- towards educational expenses, the order under revision has only granted Rs.10,000/- towards monthly maintenance and Rs.10,000/- towards litigation expenses and a direction has been issued to the petitioner/husband to meet out the educational expenses of the child. I see no reason to set aside the impugned order as it is a well considered one. 9. Accordingly, the Civil Revision Petition is dismissed. At this juncture, the learned counsel for the petitioner would submit that the parties may be referred to mediation. However, the counsel for the respondent has rejected the said request. No costs. Consequently, the connected Miscellaneous Petition is closed. 20.02.2025 (shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No To 1.The Subordinate Judge, Alandur 4/5 https://www.mhc.tn.gov.in/judis CRP(PD).No.114 of 2025 P.T. ASHA . J., (shr) CRP.(PD).No.114 of 2025 and C.M.P.No.860 of 2025 20.02.2025 5/5 https://www.mhc.tn.gov.in/judis