Madras High Court
CRP/4367/2024 of R.PRABHAKAR Vs V.JOTHILAKSHMI @ C.V.AKSHAYAA on 8 October 2026
CRP.No.4367 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP.No.4367 of 2024
CNR:{HCMA011881772024}
R.Prabhakar
..Petitioner(s)
Vs
V.Jothilakshmi @ C.V.Akshayaa
..Respondent(s)
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow the CRP by setting aside the order in I.A.No.6339 of 2018 in O.P.No.137 of 2011 order dated 25.04.2024 on the file of the VI Additional Principal Judge, Family Court, Chennai.
For Petitioner
: Mr.V.Ramkumar
for M/s.J.J.R.Edwin
For Respondent
: Mr.V.Subramanian
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ORDER
The Civil Revision Petition is filed challenging the order passed by the VI Additional Principal Judge, Family Court, Chennai, in I.A.No.6339 of 2018 in O.P.No.137 of 2011 order dated 25.04.2024, directing the petitioner herein to pay a sum of Rs.25,00,000/- as permanent alimony to each of his children.
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CRP.No.4367 of 2024
2. The petitioner herein filed a petition seeking divorce against the respondent in O.P.No.137 of 2011. The respondent herein filed an application in I.A.No.6339 of 2018 seeking a direction to the petitioner to pay a sum of Rs.7 Crores or to give equivalent value of the property in Chennai in the name of his two minor children as permanent alimony. The said petition was allowed by the Family Court by directing the petitioner to pay a sum of Rs.25,00,000/- each in the name of his two children. Aggrieved by the said order, the petitioner has come before this Court.
3. The learned counsel appearing for the petitioner would submit that the Family Court without discussing the evidence available on record abruptly came to the conclusion that the petitioner is liable to pay a sum of Rs.25,00,000/- each of his children. Therefore, the said order is liable to be set aside.
4. The learned counsel appearing for the respondent would vehemently contend that pending matrimonial proceedings before the Family Court, the petitioner/husband wilfully settled one of the valuable property available in Chennai City in favour of his mother, so as to deny the legitimate maintenance and permanent alimony to his children. Therefore, according to the learned
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CRP.No.4367 of 2024
counsel for the respondent, the amount fixed by the Family Court is just and reasonable.
5. The respondent/wife filed an application seeking permanent alimony only in favour of two of the children born out of wedlock. It is not in dispute that the children are living with the respondent/wife. The petitioner, as a father is bound to maintain his children and meet their education and other expenses.
6. A perusal of the impugned order would indicate that the Family Court without discussing the evidence available on record and the capacity of the petitioner to pay the amount, abruptly came to the conclusion that the petitioner is liable to pay a sum of Rs.25,00,000/- each in favour of his two children. While quantifying the permanent alimony, the Court below is expected to take into consideration the financial status of the petitioner and the respondent, the monthly income of the petitioner and the assets owned by him etc.
7. In the impugned order absolutely there is no discussion regarding the income of the petitioner and the value of the assets owned by him. Without any discussion, the Family Court fixed the permanent alimony payable to his children at Rs.25,00,000/- each. Since the quantification of the permanent
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CRP.No.4367 of 2024
alimony has not been done based on the evidence available on record, this Court is inclined to set aside the impugned order and remand the matter back to the file of VI Additional Principal Judge, Family Court, Chennai, with a direction to consider the evidence available on record and arrive at a conclusion with regard to the quantum of permanent alimony to be payable by the petitioner.
8. Accordingly, this Civil Revision Petition is allowed and the matter is remitted back to the file of VI Additional Principal Judge, Family Court, Chennai. The said Court is directed to consider the case afresh and pass final orders in accordance with law, within a period of three months from the date of receipt of copy of this order. It is made clear that the parties are at liberty to lead any further evidence, if so advised. No costs. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm
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CRP.No.4367 of 2024
To The VI Additional Principal Judge, Family Court, Chennai.
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CRP.No.4367 of 2024
S.SOUNTHAR J. dm CRP.No.4367 of 2024 08-10-2026
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