CRP(MD)/1791/2024 of Karthikeyan Vs Sheelarani on 1 September 2026

COMMON ORDER

CRP(MD)No.1791 of 2024 has been filed by the revision petitioner/husband against the order dated 22.04.2024 passed by the Sub Court, Kovilpatti in E.P.No.30 of 2021 in IA.No.112 of 2017 in HMOP.No.15 of 2016, issuing arrest warrant as against the petitioner herein.

2. CRP(MD)No.1792 of 2024 has been filed by the revision petitioner/husband challenging the order dated 01.02.2020 passed by the Sub Court, Kovilpatti in IA.No.112 of 2017 in HMOP.No.15 of 2016, directing the petitioner herein to pay a sum of Rs.10,000/- as interim maintenance to the respondent and daughter.

3. The petitioner states that the marriage between the petitioner and the respondent was solemnized on 12.12.2010. They were blessed with a girl child through the wedlock, namely, Madhureema on

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C.R.P(MD)Nos.1791 & 1792 of 2024 25.09.2011. While so, the respondent started to torture the petitioner to transfer the family property in her name and also insisted that he should not have any contact with his mother. Therefore, differences of opinion developed between them. Thereafter, the respondent became estranged from the petitioner and lived separately for more than 7 years. Subsequently, the petitioner filed a petition for divorce in HMOP.No.15 of 2016. When the matter stood thus, the respondent filed an application in I.A.No.112 of 2012 seeking interim maintenance and the same was ordered, directing the petitioner to pay a sum of Rs.10,000/- towards interim maintenance for his wife and daughter. Due to covid pandemic, he was not able to pay the said amount. Subsequently, the petitioner came to know about the EP.No.51 of 2022 filed to execute the order passed in IA.No.112 of 2017 dated 01.02.2020. He thereafter, entered appearance through an advocate. However, as his advocate did not advise the petitioner suitably, he could not proceed further in the matter. Thereafter, an order of arrest was passed against him on 22.04.2024. The petitioner was engaged in poultry farming by getting a loan from the bank and the same also ended in a great loss. SARFEASI proceedings were initiated against him and the sale of his agricultural land was fixed on 25.07.2024.

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C.R.P(MD)Nos.1791 & 1792 of 2024 Therefore, he was not able to pay the interim maintenance amount, as ordered by the trial Court. In such circumstances, the petitioner has filed the present civil revision petitions challenging the order of arrest and seeking modification of the interim maintenance amount.

4. The learned counsel for the petitioner states that the petitioner is an agricultural coolie and earns only a meagre income. The petitioner also has an aged mother whom he is required to maintain. However, the trial Court, without considering the above aspect, directed the petitioner to pay a sum of Rs.10,000/- towards the maintenance of his wife and daughter, which according to the petitioner, is exorbitant and hence, prays to modify the same.

5. The learned counsel for the petitioner, during the course of his argument, submits that the petitioner is ready to pay the interim maintenance amount, provided that the order of the trial Court is modified by directing the petitioner to pay monthly maintenance of Rs.8,000/-, which, according to the learned counsel, would be a moderate.

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C.R.P(MD)Nos.1791 & 1792 of 2024

6. He further submits that the petitioner has already deposited certain amount and that there is some calculation error in the Execution Petition and he is ready to rectify the said order and re-present the same before the trial Court.

7. Considering the above submission, the petitioner is at liberty to re-present the calculation sheet before the EP Court and pay the interim maintenance amount.

8. In such view of the matter, this Court is of the view that the personal liabilities or loan availed by the petitioner cannot be a ground to deny his basic obligation to maintain the respondent/wife. Thus, the interim maintenance of a sum of Rs.9,000/- [Rupees Nine Thousand only] would be sufficient and would meet the ends of justice. Accordingly, this Court directs the petitioner to pay a sum of Rs.9,000/- towards interim maintenance to the wife and daughter from the date of petition till date of disposal of such petition. It is also made clear that the arrears accumulated from the date of application till the date of disposal of such

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C.R.P(MD)Nos.1791 & 1792 of 2024 petition shall be calculated and paid by the petitioner within a period of one month from the date of receipt of a copy of this order.

9. There shall be an order of interim stay of all further proceedings of the order dated 22.04.2024 passed in EP.No.30 of 2021 in I.A.No.112 of 2017 in HMOP No.15 of 2016 on the file of the Sub Court, Kovilpatti, for a period of one month from the date of receipt of a copy of this order, enabling the petitioner to pay the arrears amount within the time stipulated in this order.

10. These Civil Revision Petitions are disposed of on the above terms. No costs. Consequently, connected Miscellaneous Petitions are closed.

01.09.2026 Index : Yes / No NCC : Yes / No RM

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C.R.P(MD)Nos.1791 & 1792 of 2024 To The Sub Court, Kovilpatti.

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C.R.P(MD)Nos.1791 & 1792 of 2024 R. POORNIMA,

J.

RM C.R.P(MD)Nos.1791 & 1792 of 2024 01.09.2026

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