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2025 DAILYLAW 16613 (MAD)

T.Kodeeswaran v. JEYALAKSHMI

CRP/383/2025 · 2025-02-06

P T Asha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP(PD).No.383of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.02.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA CRP.(PD).No.383 of 2025 and CMP.No.2253 of 2025 T.Kodeeswaran .. Petitioner Vs. Mrs.Jeyalakshmi ... Respondent Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the impugned order dated 07.02.2022 made in IA.No.3 of 2023 in HMOP.No.226 of 2022 on the file of the Additional Principal Family Court, Coimbatore. For Petitioner : M/s.R.Karthikeyan O R D E R Challenging the order passed by the learned Additional Principal Family Court, Coimbatore in IA.No.3 of 2023 in HMOP.No.336 of 2022 in an by which the learned Judge had directed 1/6 https://www.mhc.tn.gov.in/judis CRP(PD).No.383of 2025 the petitioner to pay a sum of Rs.6,000/- per month as an interim maintenance to the respondent/wife, the petitioner/husband is before this Court. 2. The petitioner/husband had filed HMOP.No.336 of 2022 on the file of the Additional Principal Family Judge, Coimbatore for divorce on the ground of cruelty. Pending the above HMOP the respondent/wife had filed I.A.No.3 of 2023 under Section 24 of the Hindu Marriage Act, to direct the petitioner/husband to pay interim maintenance of a sum of Rs.25,000/- per month. 3. The respondent/wife had contended that the marriage between herself and the petitioner took place on 06.05.1990 and out of the wedlock they had a daughter Amirthavarshini and a son K.Abilash. Both of them are majors. She would contend that the petitioner/Husband had deserted her on 08.03.2020 and despite the fact that he is earning a sum of Rs.1,00,000/- per month, he has not taken any steps to maintain either herself or her children. 2/6 https://www.mhc.tn.gov.in/judis CRP(PD).No.383of 2025 4. The petitioner/husband had filed a counter statement inter alia contending that he had retired from his service and that he had no money to maintain himself and he has also stated that he has expenditures for his rent, medical expenses etc. He would submit that he had purchased jewellery for her daughter's marriage and that the respondent/wife is also employed and therefore he does not have to pay interim maintenance to her. 5. The learned Additional Principal Judge Family Court, Coimbatore, after observing that the respondent/wife has no source of income to maintain herself and her children and the petitioner/husband owns a house, had directed the petitioner/husband to pay a sum of Rs.6,000/- per month to the respondent/wife as interim maintenance. Challenging the same, the petitioner/husband is before this Court. 6. Heard the learned counsel for the petitioner and perused the records. 7. The petitioner/husband has not produced any documents to 3/6 https://www.mhc.tn.gov.in/judis CRP(PD).No.383of 2025 substantiate that he is not earning a monthly income nor has he provided proof of his bank account. Though he had claimed that his wife is employed, no proof for the same has been produced. The learned Additional Principal Judge has taken into account the above facts and awarded a very nominal maintenance of a sum of Rs.6,000/- per month. It is further seen that though the respondent/wife has filed a maintenance petition in M.C.No.114 of 2022 as early as in the year 2022, to date that application has also not been disposed of. It is also not in dispute that the children are in the custody of the respondent/wife. In these circumstances, I see no reason to interfere with the order passed by the learned Additional Principal Family Judge, Coimbatore in IA.No.3 of 2023 dated 07.03.2024. 8. Accordingly, the above Civil Revision Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 06.02.2025 (shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No 4/6 https://www.mhc.tn.gov.in/judis CRP(PD).No.383of 2025 To 1.The Additional Principal Family Court, Coimbatore. 5/6 https://www.mhc.tn.gov.in/judis CRP(PD).No.383of 2025 P.T. ASHA . J., (shr) CRP.(PD).No.383 of 2025 and CMP.No.2253 of 2025 06.02.2025 6/6 https://www.mhc.tn.gov.in/judis