Madras High Court
CRP(MD)/2571/2026 of Kalimuthu Vs Ilavarasi on 21 September 2026
CRP(MD) No. 2571 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21-09-2026
CORAM
THE HON'BLE MS.JUSTICE R. POORNIMA
CRP(MD) No. 2571 of 2026
CNR:{HCMD011200412026}
in CMP(MD)No.12762 of 2026
Kalimuthu,
S/o.Subbaiya,
No.74, Melatheru,
M.Chokkalingapuram,
Muthusamypuram, Keelathattapparai,
Thoothukudi.
..Petitioner(s)
Vs
Ilavarasi,
D/o.Isakkimuthu,
D.No.41/1A,
Sandhi Vinaygar Kovil Street,
S.S.Pillai Market,
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order passed in I.A.No.4 of 2025 in HMOP.No.220 of 2025 on the file of the Family Court, Thoothukudi, dated 01.07.2026.
For Petitioner(s):
Mr.R.Balakrishnan
CRP(MD) No. 2571 of 2026
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ORDER
This petition has been filed to set aside the fair and decreetal order passed in I.A.No.4 of 2025 in HMOP.No.220 of 2025 on the file of the Family Court, Thoothukudi, dated 01.07.2026.
2. The facts of the case are that the petitioner and the respondent are husband and wife. Their marriage was solemnized on 13.12.2018 and they were also blessed with a male child. Due to difference of opinion, they are living separately. Hence, the respondent filed H.M.O.P.No.220 of 2025 before the Family Court, Thoothukudi, for dissolution of the marriage. Pending the same, she filed I.A.No.4 of 2025 in H.M.O.P.No.220 of 2025, seeking interim maintenance of Rs.15,000/- per month for herself and Rs.15,000/- per month for her child, stating that the petitioner is working as a Government teacher and earning a sum of Rs.80,000/- per month. She further stated that the petitioner had concealed the fact that he is a person with an intellectual disability and that both of them have been living separately since 11.02.2024. She, therefore, prayed for a sum of Rs.15,000/- per month each towards her maintenance and the maintenance of their child. The Trial Court, after considering the petition and the counter, allowed the petition on 01.07.2026 and granted a sum of Rs.10,000/- per month each to the respondent and her child.
CRP(MD) No. 2571 of 2026
3. Challenging the aforesaid order, the present petition has been filed.
4. The learned counsel for the petitioner seriously states that the petitioner is employed in a Government school and earns a gross salary of Rs.91,540/- per month, with a take-home salary of Rs.79,163/- per month. He contended that the petitioner is facing financial difficulties and is also required to maintain his aged mother. Therefore, he is unable to pay a sum of Rs.10,000/- each towards the maintenance of the respondent and the child. He further submitted that the respondent is presently working in a finance company and earning a substantial salary and, therefore, she is not entitled to claim maintenance. Hence, he contended that he is aggrieved by the quantum of maintenance and prayed that the present petition be allowed by setting aside the order passed by the Trial Court.
5. Heard the learned counsel for the petitioner and perused the materials available on record.
6. It is admitted by the petitioner that he is a Government employee and that he has a male child aged about two years. Though the petitioner contended that the respondent is employed in a finance company, he has not produced any document before this Court to substantiate the same. Taking into consideration the present cost of living, the Trial Court has awarded a moderate sum of
CRP(MD) No. 2571 of 2026 Rs.10,000/- per month each towards the maintenance of the respondent and the child. The said amount is reasonable and does not warrant any interference by this Court.
7. Accordingly, the Civil Revision Petition stands dismissed. No cost. Consequently, the connected miscellaneous petition is closed. 21-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DSS To
1. The Family Court,
2. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
CRP(MD) No. 2571 of 2026 R.POORNIMA, J. dss CRP(MD) No. 2571 of 2026 in CMP(MD)No.12762 of 2026 21-09-2026