CRP(PD).No.344 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.02.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA CRP.(PD).No.344 of 2025 and CMP.No.2140 of 2025 N.Sivaraj ... Petitioner Vs. Saraswathi ... Respondent Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order made in IA.No.43 of 2022 in HMOP.No.23 of 2022 dated 31.03.2023 on the file of the Sub Court Kangeyam. For Petitioner : M/s.K.Karthikeyan O R D E R Challenging the order passed by the learned Sub Judge, Kangeyam in and by which the learned Judge had directed the petitioner/husband to pay a sum of Rs.5,000/- as interim maintenance to the respondent/wife, the petitioner/husband is before this Court. 1/5 https://www.mhc.tn.gov.in/judis CRP(PD).No.344 of 2025 2. It is the contention of the petitioner/husband that the respondent/wife had filed OP.No.19 of 2020 seeking dissolution of the marriage between herself and the petitioner. The petitioner/husband had filed HMOP.No.23 of 2022 seeking restitution of conjugal rights. The marriage between the petitioner and the respondent took place on 13.07.2005 and out of the wedlock they had a son, Mounish who is aged about 15 years and who is in the care and custody of the petitioner/husband. 3. Pending the above HMOPs, the respondent/wife had taken out an application for interim maintenance of a sum of Rs.10,000/- per month. The respondent/wife would seek the maintenance on the ground that the she is living in a poor condition without any source of income. The petitioner/husband owns 15 acres of land and earns a sum of Rs.15,00,000/- per annum. 4. In the maintenance petition, the petitioner/husband had filed a counter affidavit interalia denying his income. He would submit that he has taken out an application for restitution of conjugal rights. He 2/5 https://www.mhc.tn.gov.in/judis CRP(PD).No.344 of 2025 would further submit that he has to take care of his son’s education and hostel expenses and that apart he had to settle certain loans and therefore it would be impossible for him to pay maintenance to the respondent/wife. 5. The learned Sub Judge, Kangayam after considering the arguments and perusing the records had awarded an interim maintenance of Rs.5,000/- as against the claim of Rs.10,000/- to the respondent/wife. Challenging the same, the petitioner/husband is before this Court. 6. Heard the learned counsel for the petitioner and perused the records. 7. A perusal of the impugned order would indicate that while passing the same, the learned Judge has taken into consideration the fact that the respondent/wife is unemployed and the petitioner/husband has 15 acres of agricultural land, out of which he earns an income of Rs.15 lakhs per annum. Though the same has not 3/5 https://www.mhc.tn.gov.in/judis CRP(PD).No.344 of 2025 been proved by the respondent/wife, however, taking into consideration the cost of living and the basic needs, the learned Judge has rightly awarded a sum of Rs.5,000/- as monthly interim maintenance to the respondent/wife which is just and reasonable and I see no reason to interfere with the same. 8. Therefore, 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 To 1.The Sub Court Kangeyam. 4/5 https://www.mhc.tn.gov.in/judis CRP(PD).No.344 of 2025 P.T. ASHA . J., (shr) CRP.(PD).No.344 of 2025 and CMP.No.2140 of 2025 06.02.2025 5/5 https://www.mhc.tn.gov.in/judis