Satheesh Kumar v. Kalaivani

ORDER Feeling aggrieved by the Order dated August 18, 2023 passed by the 'Subordinate Court, Mettupalayam' (henceforth 'Trial Court') in I.A.No.3 of 2023 in H.M.O.P.No.18 of 2021 filed by the Petitioner/wife under Section 24 of the Hindu Marriage Act, the Respondent/husband therein has filed this Civil Revision Petition.

2.Mr.P. Praveen, representing Mr.R.Prabudoss, learned Counsel on record for the Revision Petitioner and Mr.V. Srihari, representing Mr.N. Arun Kumar, learned Counsel on record for the Respondent are before this Court.

3.The learned Counsel appearing for the Revision Petitioner submits that the Revision Petitioner is an Agriculturist and earns a sum of Rs.15,000/- per month. Hence, the Revision Petitioner is unable to pay a sum of Rs.5,000/- per month towards interim maintenance to the Respondent. The Trial Court without considering the facts and circumstances ordered a sum of Rs.5,000/- per month, which is excessive. Hence, the learned Counsel for the Revision Petitioner prays to allow this Civil Revision Petition and set aside the Order passed by the Trial Court.

4.Per contra, learned Counsel appearing for the Respondent/wife contends that the Revision Petitioner is doing Agriculture and thereby earns a sum of Rs.30,000/- per month. He contends that the Respondent is a house wife and her father also died after their marriage and the Respondent is unable to maintain herself. Hence, a sum of Rs.5,000/- per month ordered by the Trial Court towards maintenance is not sufficient to her. He further submits that the Revision Petitioner did not pay any amount as ordered by the Trial Court. Hence, he prays to dismiss this Civil Revision Petition.

5.This Court has considered the submissions made by both sides and perused the records.

6.Admittedly, the Revision Petitioner/husband is having one acre of land and he is doing agricultural operation. Till date, he did not pay a sum of Rs.5,000/- per month towards interim maintenance to the Respondent/wife. Further, it is an admitted fact that the Respondent is a house wife. Considering the cost of living prevailing as on date, this Court is of the view that a sum of Rs.5,000/- per month granted towards interim maintenance to the Respondent/wife, is not sufficient, however, after appreciation of facts and circumstances, the Trial Court ordered only a sum of Rs.5,000/- per month as an interim maintenance to the Respondent/wife. Hence, this Court does not find any irregularity or illegality in the Order passed by the Trial Court. Accordingly, this Civil Revision Petition is dismissed as no merits. Consequently, connected Civil Miscellaneous Petition is closed. Considering the facts and circumstances of the case, there shall be no order as to costs. 18-12-2025 mps Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The Subordinate Judge, Mettupalayam, Coimbatore District.

2.The Section Officer, V.R. Section, Madras High Court. R.SAKTHIVEL J. mps C.R.P.No.4074 of 2023 and C.M.P.No.24928 of 2023 18-12-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-12-2025 CORAM THE HONOURABLE MR.JUSTICE R.SAKTHIVEL C.R.P. No. 4074 of 2023 and C.M.P. . 24928 of 2023 Satheesh Kumar ...Petitioner/Respondent/Petitioner Vs Kalaivani ...Respondent/Petitioner/Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, 1950, praying to call for the records pertaining to the impugned order dated August 18, 2023 passed by the learned Subordinate Judge, Mettupalayam, Coimbatore District in I.A.No.3 of 2023 in H.M.O.P.No.18 of 2021 and to set aside same. For Petitioner(s) : Mr.P. Praveen for Mr.R.Prabudoss For Respondent(s): Mr.V. Srihari for Mr.N. Arun Kumar