Jayaprakash v. Thivya

ORDER This Civil Revision Petition has been filed challenging the impugned order dated 27.12.2024 passed by the Family Court, Cuddalore in I.A.No.3 of 2024 in H.M.O.P.No.208 of 2023.

¶2In the aforesaid order, the petitioner, who is the husband, has been directed to pay the 1st respondent, his wife, a sum of Rs.2,000/- p.m. as interim maintenance and the 2nd respondent, his daughter, a sum of Rs.5,000/- p.m. as interim maintenance, till the disposal of H.M.O.P.No.208 of 2023 from the date of filing of I.A.No.3 of 2024 in H.M.O.P.No.208 of 2023.

¶3The petitioner claims that the interim maintenance fixed by the family court is excessive. According to the petitioner, the 1st respondent is employed and therefore, the family court ought not to have directed the petitioner to pay interim maintenance to her.

¶4Learned counsel for the petitioner reiterated the grounds raised by the petitioner in this revision. Page No.3 of 6

¶5On the other hand, the learned counsel appearing for the respondents would submit that the 1st respondent does not have any means to maintain herself and her daughter, the 2nd respondent herein. In fact, she sought for enhancement of the interim maintenance amount as she submits before this Court that this Court is having power under Article 227 of Constitution of India to enhance the interim maintenance amount though the respondents have not challenged the impugned order.

¶6The quantum of interim maintenance fixed by the family court under the impugned order cannot be considered to be excessive as claimed by the petitioner. The family court has only fixed a sum of Rs.2,000/- as interim maintenance to the 1st respondent and Rs.5,000/- as interim maintenance to the 2nd respondent. The 1st respondent is the wife and the 2nd respondent is the daughter of the petitioner born out of the wedlock between the petitioner and the 1st respondent. The petitioner is working in a private bank and is earning Rs.50,000/- p.m., which is also not disputed by the learned counsel for the petitioner during the course of his submissions. Page No.4 of 6

¶7Since the interim maintenance fixed by the family court under the impugned order is not excessive as claimed by the petitioner, this Court is not interfering with the impugned order. Having not challenged the impugned order, the respondent cannot claim a higher sum towards interim maintenance in this revision filed by the husband. Therefore, this Court is rejecting the request made by the learned counsel appearing for the respondents seeking enhancement of the interim maintenance payable by the petitioner to the respondents.

¶8For the foregoing reasons, this Court does not find any merit in this revision. Accordingly, this Civil Revision Petition is dismissed by directing the Family Court, Cuddalore to dispose of H.M.O.P.No.208 of 2023 within a period of six (6) months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. 28-07-2026 Index: Yes/No Speaking/Non-speaking order sp Page No.5 of 6 To The Family Court, Cuddalore. Page No.6 of 6 ABDUL QUDDHOSE J. sp AND CMP NO. 7660 OF 2025 28-07-2026

Page No.1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE AND CMP NO. 7660 OF 2025 Jayaprakash ... Petitioner Vs 1. Thivya 2. Kaajal Shree Minor Rep. by Mother Thivya ... Respondents Prayer : Civil Revision Petition is filed under Article 227 of Constitution of India, seeking to set aside the fair and Decretal Order dated 27.12.2024 made in I.A.No.3/2024 in H.M.O.P.No.208 of 2023 passed by the Family Court, at Cuddalore. For Petitioner : Mr.D.Kaviyarasu For Respondents : Ms.V.L.Swarna Natchu for Mr.S.M.S.Shriram Narayanan ***** Page No.2 of 6