Madras High Court
CRP/6174/2026 of Kannan Vs Bharathi on 5 October 2026
CRP No. 6174 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6174 of 2026
CNR:{HCMA012239682026}
AND
CMP NO. 26737 OF 2026
Kannan
S/o. Gopal
..Petitioner(s)
Vs
1. Bharathi
W/o. Kannan,
D/o. Pitchapillai,
Res. at Vallimathuram,
Thittakudi Taluk,
Cuddalore District
2. Vijaya
S/o. Kannan,
Aged about 4 years.
D/o. Pitchapillai,
Res. at Vallimathuram,
Thittakudi Taluk,
Cuddalore District.
Rep. by mother and natural Guardian.
3. Sathya Sri
S/o. Kannan,
Age about 2 years
D/o. Pitchapillai,
Res. at Vallimathuram,
Thittakudi Taluk,
Cuddalore District.
Rep. by mother and natural Guardian.
..Respondent(s)
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order dated 03.07.2026 passed in IA No. 1 of 2025 in
CRP No. 6174 of 2026
HMOP No. 22 of 2024 on the file of Learned Subordinate Court, Attur, Salem District.
For Petitioner(s):
K.Vasanthanayagan
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Order
This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order passed in I.A.No.1 of 2025 in HMOP No.22 of 2024 whereby the application filed by the respondents under Section 24 of Hindu Marriage Act seeking interim maintenance was allowed by directing the petitioner to pay a sum of Rs.10,000/- per month to the 1st respondent and a sum of Rs.5000/- per month each to the 2nd and 3rd respondents, who are the children of the petitioner.
2. Heard the learned counsel for the petitioner and carefully perused the materials available on record as well as the order passed by the Court below.
3. The petitioner, who is the husband of the 1st respondent has filed H.M.O.P.No.22 of 2024 seeking for dissolution of marriage on the ground of cruelty. Pending the proceedings, the respondents filed I.A.No.1 of 2025 under Section 24 of Hindu Marriage Act, seeking for interim monthly maintenance. The Court below after considering the rival claims, fixed a sum of Rs.10,000/- payable to the 1st respondent as an interim maintenance and a sum of Rs.5,000/-
CRP No. 6174 of 2026
per month each to the 2nd and 3rd respondents. Aggrieved by the said order, the present Civil Revision Petition has been filed before this Court.
4. The main ground that has been urged on the side of the petitioner is that he is working as a Bus Cleaner and earns only Rs.6,500/- per month. It is further contended that he has to maintain his parents as well.
5. In the considered view of this Court, the in capability on the side of the petitioner to pay monthly maintenance, can never be a ground to interfere with the order of interim maintenance fixed by the Court below. The petitioner was married to the 1st respondent in the year 2020 and there were two children, who are aged about 4 and 2 years, respectively, who are being taken care of by the 1st respondent. The Court below has fixed a very reasonable amount towards interim maintenance, which does not suffer from any perversity and does not warrant the interference of this Court.
5. In result, this Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA
CRP No. 6174 of 2026
N.ANAND VENKATESH J. RKA CRP No. 6174 of 2026 AND CMP NO. 26737 OF 2026 05-10-2026