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2025 DAILYLAW 46790 (MAD)

IYAPPAN v. R.GEETHA @ PRIYA

CRP/1618/2025 · 2025-04-21

P T Asha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP(PD).No.1618 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.04.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA CRP.(PD).No.1618 of 2025 and CMP.No. 9358 of 2025 Iyappan ... Petitioner Vs. R.Geetha @ Priya ... Respondent Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 22.08.2024 passed in IA.No.145/2022 in HMOP.No.82 of 2019 on the file of the learned Subordinate Judge, Chidambaram. For Petitioner : M/s.N.U.Pressanna O R D E R Challenging the order passed by the Subordinate Judge, Chidambaram in IA.No.145/2022 in HMOP.No.82/2019, the respondent/ husband is before this Court. 2. The petitioner/husband had filed HMOP.No.82/2019 on the file of the Subordinate Judge, Chidambaram seeking dissolution of a marriage which was solemnised between him and the respondent on 27.07.2010. 1/5 https://www.mhc.tn.gov.in/judis CRP(PD).No.1618 of 2025 3. Pending the proceedings and after filing her counter in the above proceeding, the respondent/wife had taken out an application in IA.No.145/2022 seeking an interim maintenance of Rs.10,000/- per month. In the affidavit filed in support of the said application, the respondent/wife would submit that she has two children, a daughter and a son. On account of the cruelty meted out by her mother-in-law Vatchala and the indifference displayed by her husband she was compelled to leave the matrimonial home with her two children. At the time of the marriage, the petitioner/husband was working as a Junior Engineer in M/s.Mega Blast and earning a monthly income of Rs.40,000/-. She would submit that she is not aware about the present employment and emolument details of the petitioner/husband since from the last two years there is no connection between herself and her husband but however she has come to learn that her husband is leading a luxurious life which clearly indicates that he is earning well. The respondent/wife would submit she is unemployed and she along with her children are residing with her parents. She is totally dependent on her parents for any financial assistance. Therefore she has come forward to file this application more particularly since the petitioner/husband is not spending a single penny on the children. 2/5 https://www.mhc.tn.gov.in/judis CRP(PD).No.1618 of 2025 4. A counter has been filed stating that the petitioner/husband is unemployed. He would also submit that the respondent/wife is working in a private institution and earning a sum of Rs.20,000/- per month. 5. The learned Subordinate Judge, Chidambaram after hearing the parties and perusing the document proceeded to award a sum of Rs.8,000/- towards monthly 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 only ground that has been raised by the petitioner/husband is that he is unemployed. However, there is nothing to show that the he is unemployed except for his ipsi dixit. Though the petitioner/husband has stated that the respondent/wife is employed, he has not provided any proof for the same. The learned Subordinate Judge, Chidambaram has awarded just a sum of Rs.8,000/- per month for the respondent/wife and her two children which in the present cost of living is very minimal. Therefore, this Court see no reason to interfere with the order passed by the learned Judge. 3/5 https://www.mhc.tn.gov.in/judis CRP(PD).No.1618 of 2025 8. In fine, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 21.04.2025 (shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No To 1.The Subordinate Judge, Chidambaram. 4/5 https://www.mhc.tn.gov.in/judis CRP(PD).No.1618 of 2025 P.T. ASHA . J., (shr) CRP.(PD).No.1618 of 2025 and CMP.No. 9358 of 2025 21.04.2025 5/5 https://www.mhc.tn.gov.in/judis