CRP(MD)/2509/2026 of Lazar Vs Dency on 11 September 2026

ORDER

The civil revision petition is filed against the order dated 25.03.2026 passed in I.A.No. 1 of 2025 in D.O.P.No. 273 of 2024, on the file of First Additional District Court, Tirunelveli.

C.R.P(MD)No.2509 of 2026

2. The revision petitioner is the husband, who has filed D.O.P.No.273 of 2024 against the revision respondents seeking dissolution of the marriage solemnized between the petitioner and the first respondent on 26.01.2020. It is further stated that, out of the said wedlock, a child was born on 13.10.2021. Subsequently, due to misunderstandings between the parties, they have been living separately. Therefore, the revision petitioner instituted D.O.P.No.273 of 2024 seeking dissolution of the marriage by a decree of divorce.

3. During the pendency of the said proceedings, the respondent/wife filed I.A.No.1 of 2025 seeking interim maintenance of Rs.25,000/- per month and a sum of Rs.10,000/- towards litigation expenses. The learned Trial Court, after considering the said application, allowed the same and directed the revision petitioner to pay a sum of Rs.15,000/- per month towards interim maintenance to the respondent/wife and the minor child, with effect from 12.08.2025 till the disposal of the main D.O.P.No.273 of 2024. Aggrieved by the said order, the revision petitioner has filed the present Civil Revision Petition.

4. The learned counsel appearing for the revision petitioner/husband submitted that the petitioner had studied only up to the 10th Standard and is presently eking out his livelihood by doing coolie work. He is stated to be earning

C.R.P(MD)No.2509 of 2026 a meagre income and is, therefore, not in a position to pay the interim maintenance amount of Rs.15,000/- per month as directed by the learned Trial Court. The learned counsel further submitted that the revision petitioner is willing to live with the respondent/wife. Therefore, the learned counsel prayed to set aside the order passed by the learned First Additional District Court, Tirunelveli, directing the revision petitioner to pay interim maintenance of Rs.15,000/- per month to the respondent/wife.

5. The learned counsel appearing for the respondent/wife submitted that the revision petitioner/husband had subjected the respondent to harassment along with one Prema, who, according to the respondent, is his second wife, by making demands for dowry. It is further submitted that the respondent was blessed with a child at the Tirunelveli Medical College Hospital and that the child is presently aged about five years. The learned counsel further contended that the revision petitioner has not paid any amount towards the medical expenses incurred by the respondent or the minor child. It is also the specific contention of the respondent that the revision petitioner is running a hotel at Malad, Malvani, Block No.7, Mumbai, and is earning approximately Rs.60,000/- per month. Apart from the said income, he is stated to have rented out three houses and is receiving a rental income of approximately Rs.24,000/- per month. It is further submitted that the

C.R.P(MD)No.2509 of 2026 revision petitioner owns immovable properties at Nazareth, Thoothukudi District. Therefore, according to the learned counsel, the revision petitioner has sufficient means to maintain the respondent/wife and the minor child. Hence, the respondent sought interim maintenance of Rs.25,000/- per month and a sum of Rs.10,000/- towards litigation expenses.

6. The revision petitioner/husband contested the said petition by contending that the respondent/wife is also running a shop and earning sufficient income to maintain herself and the minor child. Therefore, according to the revision petitioner, the respondent/wife is not entitled to claim any amount towards interim maintenance from him.

7. The learned Trial Court, after considering the rival contentions of the parties and the circumstances of the case, took note of the fact that the respondent/wife is presently residing with the minor child, aged about five years. Though the revision petitioner denied having sufficient income, he had not produced any documentary evidence before the Trial Court to substantiate his contention regarding his alleged inability to pay the interim maintenance. Accordingly, the Trial Court allowed the application and directed the revision petitioner to pay a sum of Rs.15,000/- per month towards interim maintenance for

C.R.P(MD)No.2509 of 2026 the respondent/wife and the minor child. Considering the age of the minor child, the circumstances of the parties and the quantum of maintenance awarded, this Court finds that the amount awarded is reasonable and only nominal in nature. Therefore, this Court finds no sufficient ground to interfere with the order passed by the learned Trial Court.

8. With the above observation, this Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 11.09.2026 NCC : Yes / No Index : Yes / No Ns To

1. The First Additional District Court, Tirunelveli

2. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

C.R.P(MD)No.2509 of 2026 R.POORNIMA

, J. Ns C.R.P(MD)No.2509 of 2026 and C.M.P(MD)No.12501 of 2026 11.09.2026