Madras High Court
CRP/1027/2026 of Naveendra Kumar Vs M.K.Veni on 22 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 1027 of 2026
and CMP. No.5528 of 2026
CNR: {HCMA010354442025}
Naveendra Kumar
S/o. Late Rajendran,
No.11/16, N.G.O.Colony,
3rd Cross Street, Choolaimedu,
Chennai 94.
..Petitioner(s)
Vs
M.K.Veni
D/o. Muthu, No.88, H Block,
Bhoopathy Nagar, Kodambakkam,
Chennai 24.
..Respondent(s)
PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the judgment dated 18.11.2024 made in
C.A.No.770 of 2023 on the file of learned XIX Additional City Civil Court, Chennai in confirming the Appeal against the Order in D.V.C.No.123 of 2017
dated 13.09.2023, on the file of learned XVII Metropolitan Magistrate, Saidapet, Chennai.
For Petitioner(s):
Mr.S.Arockiaraj
For Respondent(s):
Mr.P.Venugopal
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ORDER
Heard learned counsel for the petitioner and the learned counsel for the respondent.
2. The husband is the revision petitioner, challenging the order passed in C.A. No.770 of 2023 dated 18.11.2024, directing the petitioner to pay a sum of Rs.5,00,000/- within a period of two months from 18.11.2024, failing which, pay the said amount together with 9% interest per annum. Admittedly, the petitioner challenged the said order unsuccessfully by way of a Criminal Appeal and in the present revision petition also pursuant to a conditional order in all, a sum of Rs.4,00,000/- has been paid.
3. The learned counsel for the respondent/wife has filed a memo stating that the actual amount payable is Rs.6,27,000/- as on 10.09.2026, out of which, a sum of Rs.2,50,000/- has been directly paid to the respondent and Rs.1,50,000/- has been deposited to the credit of D.V.C. No.123 of 2017, that leaves a balance of Rs.2,27,500/-. The learned counsel for the petitioner states that the respondent is already remarried and the petitioner is jobless and he is not in a position to pay the amount. He would further state that the amount has been determined only on account of return of the gold jewellery that was brought into the matrimonial home by the respondent/wife. The learned counsel therefore, states that the amount may be reduced to Rs.1,50,000/- and the petitioner is willing to settle the matter.
4. On the contrary, the learned counsel for the respondent states that the amount already awarded and payable by the petitioner being Rs.5,00,000/- is on the lower side and the respondent has already filed an appeal seeking enhancement of the amount awarded. In such circumstances, the learned counsel for the respondent states that there is no question of reduction or concession being shown by the petitioner/wife and inability to pay the amount cannot be a ground to set aside the concurrent orders that have been passed, based on proper reasons assigned.
5. I have independently gone through the orders passed by the learned Judicial Magistrate and after the Appellate Court, confirming the order directing the petitioner to pay Rs.5,00,000/- and in default, pay the said amount together with interest at 9% per annum. I do not find any infirmity in the findings arrived at by the Courts below warranting interference in revision. Mere inability to pay the amount cannot be a ground to challenge the award in favour of the respondent/wife.
6. In the light of the above, I do not see any necessity to interfere with the well reasoned orders of the learned Judicial Magistrate and confirmed by the Additional Court in C.A. No.773 of 2023.
P.B.BALAJI, J.
7. In fine, there is no merit in the Civil Revision Petition and accordingly, this Civil Revision Petition is dismissed. However, the petitioner shall have further eight (8) weeks time to pay the balance amount of Rs.2,27,500/-. Consequently, connected Miscellaneous Petition is also dismissed. No costs. 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP To The XIX Additional City Civil Court, Chennai.
and CMP. No.5528 of 2026 22-09-2026