K.Velusamy v. Aishwaria Lakshmi

ORDER Heard Mr.K.Balasubramaniam, learned counsel for the petitioner/husband and Mr.N.Ponraj, learned counsel for the respondent/wife.

¶2The primordial submission of the learned counsel for the petitioner/husband that despite a direction in the DVC proceedings that the petitioner/husband should provide an alternate residential accommodation to his wife and daughters and the petitioner/husband also identifying a property and having entered into a lease deed as early as in February 2024 and the petitioner paying a monthly rent of Rs.15,000/- (Rupees Fifteen Thousand Only) to the landlord, the respondent/wife along with her children has not chosen to occupy the said premises and has instead moved the Judicial Magistrate, Additional Mahila Court for provision of additional facilities and amenities in the premises. The said application is being resisted by the petitioner/husband and a counter has already been filed. The petition is however pending final enquiry and orders.

¶3Learned counsel for the petitioner therefore states that the rent of Rs.15,000/- which is being paid by the husband should be reduced from the amount of Rs.40,000/-(Rupees Forty Thousand Only) which has been awarded in the proceedings.

¶4Per contra, Mr.N.Ponraj, learned counsel for the respondent states that the respondent/wife is having custody of two minor children who are studying and even their education expenses is roughly about Rs.8,00,000/- per annum.. That apart, it is the respondent, who is taking care of the daily needs and even though the respondent is gainfully employed, the income that she is earning is highly insufficient to maintain herself and the minor children. He would therefore state that the order of the trial court does not require any interference especially considering the cost of inflation and the effect of rising prices.

¶5I have carefully considered the submissions of the learned counsel on either side.

¶6Admittedly, while ordering maintenance, one of the directions issued was that the petitioner should provide an alternate residence to the respondent and his children. In compliance of the said order, the petitioner has identified a residential property and has also entered into a rental agreement in February 2024 and from that date onwards, the petitioner is paying a monthly rent of Rs.15,000/- besides also having paid advance to the landlord for securing the residential accommodation.

¶7In the light of the above and also considering the fact that this material circumstance has not been taken note of by the trial Court while fixing the maintenance of Rs.40,000/- and also taking into account the fact that the petitioner was also gainfully employed and it being alleged by the respondent/husband that only in order to deprive the respondent of maintenance, he left his job and considering that admittedly, the two minor children are being taken care of by the respondent/wife, it would be appropriate to modify the maintenance awarded from Rs.40,000/- to Rs.30,000/-(Rupees Thirty Thousand Only).

¶8The petitioner is directed to pay the arrears of Rs.4,10,000/-(Rupees Four Lakhs Ten Thousand only) in two instalments within three weeks apart, the first instalment being Rs.2,00,000/-(Rupees Two Lakhs Only) to be paid within a period of three weeks from the date of receipt of a copy of this order and the balance amount of Rs.2,10,000/-(Rupees Two Lakhs Ten Thousand only) within a period of three weeks thereafter.

¶9It is needless to state that the petitioner/husband shall continue to pay Rs.30.000/-(Rupees Thirty Thousand Only) per month in future.

¶10The Judicial Magistrate for Domestic Violence Case, Mahila Court, Coimbatore shall dispose of CMP No.11184 of 2025 in D.V.A.No.68 of 2022 on or before 30.09.2026.

¶11With the above direction, the civil revision petition is partly allowed. No costs. Consequently, connected miscellaneous petitions are closed.

23.07.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order To

¶1The I Additional District Court, Coimbatore

¶2The Judicial Magistrate for Domestic Violence Cases, Mahila Court, Coimbatore s P.B.BALAJI.,J sr CRP No.4951 of 2025

23.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI and CMP Nos.17090 and 25026 of 2025 1. K.Velusamy S/o. Rangasamy, Door No. 13/2, Amman Nagar, Aliyar Water Tak Near, Machampalayam, Coimbatore Petitioner Vs 1. Aishwaria Lakshmi W/o. R.Velusamy, No. 81, CGV Nagar, Peru Road, Coimbatore Respondent(s) Revision filed under Article 227 of Constitution of India against the Order dated 18.08.2025 passed in Criminal Appeal No.70 of 2024 on the file of I Additional District Court, Coimbatore. For Petitioner(s): K.Balasubramaniam For Respondent(s): Mr.N.Ponraj