Madras High Court
CRP/1263/2024 of KARTHIKEYAN Vs RATHAMANI on 14 October 2026
CRP No. 1263 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1263 of 2024
and CMP No.6652 of 2024
CNR:{HCMA010442972024}
Karthikeyan
Petitioner(s)
Vs
1. Rathamani
2.Minor Nitharshan
(Rep by Guardian Mother), Rathamani
W/o. Karthikeyan, No.27/9, VOC
Nagar, Pudupetai, Attur Tk, Salem Dt.
3.Minor Nithishga Sri
(Rep by Guardian Mother), Rathamani
W/o. Karthikeyan, No.27/9, VOC
Nagar, Pudupetai, Attur Tk, Salem Dt.
Respondent(s)
PRAYER
Petition filed under Article 227 of the Constitution of India, to set aside the ordered dated 02.11.2022 in IA No.75 of 2021 in HMOP No. 187/2021
passed by the Principal Sub Court at Kallakurichi.
For Petitioner(s):
Mr.T.Balachandran
For Respondent(s):
No appearance
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CRP No. 1263 of 2024
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the fair and decreetal order passed in IA No.75 of 2021 in HMOP No. 187/2021, dated 02.11.2022, on the file of the Principal Sub Court, Kallakurichi, wherein the Court below based on the application filed by the respondent under Section 24 of the Hindu Marriage Act, has directed the petitioner to pay an interim maintenance of Rs.10,000/- to the 1st petitioner and Rs.5,000/- to each of the children and in total the sum of Rs.20,000/-.
2. Heard the learned counsel for the petitioner and carefully considered the materials available on record. This Court also went through the order passed by the Court below.
3. The respondents have been served with notice and their names have also been printed in the cause list. There is no appearance either in person or through counsel.
4. The 1st respondent has filed HMOP No.187 of 2021, seeking dissolution of marriage. Pending the petition, IA.No.75 of 2021, was filed under Section 24 of the Hindu Marriage Act, claiming for interim maintenance. The Court below
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CRP No. 1263 of 2024 after considering the rival contentions fixed a sum of Rs.10,000/- as the interim maintenance payable to the 1st respondent and Rs.5,000/- each to the two children and in total the sum of Rs.20,000/-. Aggrieved by the same, the present CRP has been filed before this Court.
5. The main ground that was urged is that the petitioner does not have the financial capacity to pay the total maintenance amount of Rs.20,000/-. Apart from that, the petitioner has also settled property in favour of the children and has also purchased a sewing machine for the 1st respondent.
6. In the considered view of this Court, the 1st respondent is the wife who is taking care of two children. The petitioner cannot be allowed to take a defence that he is not earning sufficiently to pay the interim maintenance to the wife and two children. However considering the ground that has been taken by the petitioner and taking note of his financial capacity, this Court is inclined to modify the order passed by the Court below to the effect that the petitioner must pay a monthly maintenance of Rs.5,000/- to the 1st respondent/wife and the sum of Rs.5,000/- fixed for each child by the Court below is sustained. Thus, the total monthly maintenance amount is modified to Rs.15,000/-. The petitioner is directed to pay the arrears of maintenance amount at the rate of Rs.15,000/- per month within a period of six weeks from the date of receipt of a copy of the order. The petitioner is also further directed to pay the monthly maintenance
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CRP No. 1263 of 2024 amount of Rs.15,000/- starting from November 2026 till the disposal of the main HMOP.
7. In the result, this Civil Revision Petition is partly allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 14-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp
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CRP No. 1263 of 2024 To The Principal Sub Court Kallakurichi.
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CRP No. 1263 of 2024 N.ANAND VENKATESH J. kp CRP No. 1263 of 2024
14-10-2026
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