A.Velmurugan vs Rajeshwari
2022 Latest Caselaw 994 Mad

                                                                                    CRP.PD.No.93/2022




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 21.01.2022

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                 CRP.PD.No.93/2022
                                                 & CMP.No.539/2022

                                         (Heard through Video Conferencing)

                     A.Velmurugan                                                  ... Petitioner

                                                           Vs

                     1.Rajeshwari
                     2.Minor Abishek
                     3.Minor Abidhosh
                     4.Minor Olvin                                                 ... Respondents

                     Prayer: The Civil Revision Petition filed under Article 227 of the Constitution

                     of India to set aside the judgment and decree in IA.No.75/2020 in

                     HMOP.No.34/2019 on the file of the learned Principal Subordinate Judge,

                     Virudhachalam dated 18.03.2021.




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                         CRP.PD.No.93/2022




                                              For Petitioner         : Mr.Harish for
                                                                       M/s.K.M.Vijayan Associates



                                                               ORDER

(1) The petitioner challenges grant of a sum of Rs.3000/- as maintenance

to his wife and a sum of Rs.2000/- each as maintenance to the three

minor children.

(2) The petitioner/husband filed HMOP.No.34/2019 seeking divorce in

the ground of cruelty. The same has been resisted by the wife

pointing out that the petitioner has sought for restitution of conjugal

rights in the year 2012 and he had withdrawn the same on the wife

agreeing to live with him.

(3) The learned counsel for the petitioner would submit that the wife is

not entitled to maintenance as she is living apart on her own volition

and without reasonable cause.

(4) Admittedly, the petition for divorce is pending as of now. The

husband is a resident of Chandigarh. The wife is living in

https://www.mhc.tn.gov.in/judis CRP.PD.No.93/2022

Chinnakosapallam Village, Thittakudi Taluk. There are three children

born out of the wedlock. Even though the wife sought for Rs.6,000/-

per month as maintenance for herself and Rs.3,000/- each for the

children, the learned Subordinate Judge, after considering the claim of

the husband as well as the prevailing circumstances, has awarded a

sum of Rs.3,000/- for the wife and Rs.2,500/- each for the minor

children to be paid as interim maintenance.

(5) Mr.Harish, learned counsel for the petitioner would vehemently

contend that the petitioner is unemployed and he is unable to pay the

interim maintenance.

(6) I do not think that such defence is so open to the husband. Even in

the affidavit filed in support of the interim stay petition, the

petitioner/husband has shown his address at Chandigarh and

therefore, it could be reasonably presumed that he is having some

avocation at Chandigarh. Therefore, the claim that he is unemployed,

cannot be believed. On the quantum also, I do not find it very

excessive considering today's cost of living. Hence, I do not see any

https://www.mhc.tn.gov.in/judis CRP.PD.No.93/2022

ground to entertain this revision.

(7) Hence, the Civil Revision Petition fails and it is accordingly

dismissed. No costs. Consequently, connected miscellaneous

petition is closed.

                                                                                          21.01.2022

                     AP
                     Internet : Yes
                     Index    : No
                     Speaking order: Yes



                     To

                     The Principal Subordinate Judge
                     Vridhachalam.




                                                                              R.SUBRAMANIAN, J.

https://www.mhc.tn.gov.in/judis CRP.PD.No.93/2022

AP

CRP.PD.No.93/2022

21.01.2022

https://www.mhc.tn.gov.in/judis