Madras High Court
CMA(MD)/449/2023 of SIVARAMAN Vs VEERALAKSHMI on 16 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE
AND
THE HON'BLE MR.JUSTICE RAJNISH PATHIYIL
CMA(MD) No. 449 of 2023
CNR:{HCMD010469472023}
AND
CMP(MD) NO. 5642 OF 2023
Sivaraman
S/o.Muthupandi Thevar, Subash Chandra Bose Street, Mela Karungulam, Palayamkottai Taluk, Tirunelveli District.
..Petitioner(s)
Vs
Veeralakshmi
W/o.Sivaraman, Door No.20/22, Mavadi Post, Pallikuda Theru, Malaiyadi Pudur, Nanguneri Taluk, Tirunelveli District.
..Respondent(s)
CMP(MD) No. 5642 of 2023
Sivaraman
S/o.Muthupandi Thevar, Subash Chandra Bose Street, Mela Karungulam, Palayamkottai Taluk, Tirunelveli District.
..Petitioner(s)
Vs
Veeralakshmi
W/o.Sivaraman, Door No.20/22, Mavadi Post, Pallikuda Theru, Malaiyadi Pudur, Nanguneri Taluk, Tirunelveli District.
..Respondent(s)
PRAYER: J-4. Civil Miscellaneous Appeal filed under Section 19 of Family Court Act, to set aside the impugned order and decree passed by the learned Family Judge, Tirunelveli in I.A.No. 5 of 2022 in HMOP.No.
190 of 2022 dated 17-02-2023 by allowing this appeal and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.
CMP(MD) No. 5642 of 2023
PRAYER: To grant an ad-interim stay of operation of the order and decree passed by the Learned Family Judge, Tirunelveli in HMOP.No.
190 of 2022 dated 17-02-2023 and thus render justice.
For Petitioner(s):
M.Jerin Mathew
B.subash
For Respondent(s):
No appearance
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Judgment
(Judgment of the Court was delivered by Abdul Quddhose J.) This civil miscellaneous appeal has been filed challenging the order dated 17.02.2023, passed by the Family Court, Tirunelveli, directing the appellant to pay a sum of Rs.4,000/- each to the respondent and the child totally amounting to Rs.8,000/- per month as interim maintenance from the date of filing of I.A.No.5 of 2022 in H.M.O.P.No.190 of 2022 i.e., from 23.11.2022 till the date of disposal of the main Hindu Marriage Original Petition i.e. H.M.O.P.No.190 of 2022.
2. The point for consideration in this appeal is whether the interim maintenance amount fixed by the Family Court under the impugned order at Rs.4,000/- per month each to the respondent and the child is excessive or not.
3. The appellant, who is the husband, has challenged the impugned order primarily on the ground that the respondent did not file her declaration of assets. According to the appellant, if the declaration of assets was furnished by the respondent, the Family Court would not have fixed the interim maintenance at Rs.4,000/- each to the respondent and the appellant’s son as interim maintenance. The appellant also claims that being a Mason, it is not possible for him to pay interim maintenance at Rs.8,000/- per month as directed by the Family Court, Tirunelveli. Further, he would contend that he had met with an accident and he is jobless for the present.
4. It is now brought to the notice of this Court by the learned counsel for the appellant that subsequent to the filing of this appeal, the main Hindu Marriage Original Petition in H.M.O.P.No.190 of 2022 filed by the appellant against the respondent seeking for dissolution of their marriage has also got dismissed by the order of the Family Court,
Tirunelveli. The said Hindu Original Petition was filed by the appellant against the respondent seeking for dissolution of their marriage on the ground of cruelty. Only after analyzing the evidence available on record, the Family Court has fixed the interim maintenance payable by the appellant to the respondent and the child at Rs.4,000/- each, totally amounting to Rs.8,000/- per month. The Family Court, Tirunelveli, for coming to the conclusion that a sum of Rs.8,000/- is payable as interim maintenance by the appellant, the Family Court has taken into consideration the contention of the respondent that the appellant was doing building construction works and was getting Rs.20,000/- per month and he was also doing mason job and was getting Rs.700/- per day i.e., Rs.18,200/- per month after deducting holidays and Sundays and he was also getting income through money lending business. Since supporting documentary evidence was not produced by the respondent in support of her contention that the appellant was earning the aforesaid sums, the Family Court fixed the interim maintenance payable by the appellant to the respondent and the child only at Rs.8,000/- per month on notional basis, which in our considered view, cannot be held to be unreasonable and unjustified as contended by the appellant in this appeal.
5. Further, it is to be noted that the main Hindu Marriage Original Petition in H.M.O.P.No.190 of 2022 filed by the appellant seeking for dissolution of his marriage with the respondent has also got dismissed subsequent to the filing of this appeal. Therefore, the question of interfering with the impugned order passed by the Family Court that too when the Family Court had directed the appellant to pay a sum of Rs.8,000/- per month as interim maintenance payable to both the respondent and the child, which is just and reasonable does not arise. We do not find any merit in this appeal.
6. Accordingly, this civil miscellaneous appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (A.Q.,J.) (R.P.L.,J.) 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No krk To: The Judge, Family Court, Tirunelveli.
ABDUL QUDDHOSE J. AND RAJNISH PATHIYIL J. krk CMA(MD) No. 449 of 2023 AND CMP(MD) NO. 5642 OF 2023 16-10-2026