Madras High Court
Mr.Ganapathy Bandari vs Mrs.G.Hemalatha on 13 October, 2025
CRP.(PD)No.4227 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2025
CORAM:
THE HON'BLE MR. JUSTICE M.JOTHIRAMAN
CRP.No.4227 of 2025
and CMP.No.21748 of 2025
Mr.Ganapathy Bandari ... Petitioner
vs.
Mrs.G.Hemalatha .... Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
India as against the order dated 26.03.2025 in I.A.No.1 of 2024 in O.P.No.5085 of
2023 passed by the II Additional Principal Family Court at Chennai.
For Petitioner : M/s.P.Jesusmopis Ravi
For Respondents : Mr.A.Charles Darwin
ORDER
Unsuccessful husband has preferred this petition. The respondent / wife,
namely G.Hemalatha has filed a petition under Section under Section 13(1)(i),
13(1)(ia) of the Hindu Marriage Act, 1955 [in short “HM Act”] in
H.M.O.P.No.5085 of 2023 on the file of the II Additional Family Court at
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Chennai seeking divorce. Pending divorce proceedings, the respondent / wife has
filed an application in I.A.No.1 of 2024 in O.P.No.5085 of 2023 under Section 25
of the HM Act seeking direction to pay a sum of Rs.50,000/- per month to her as
monthly maintenance. Upon hearing either side, the Court below, vide order
dated 26.03.2025, has allowed the application in part and thereby directed the
revision petitioner / husband to pay a sum of Rs.20,000/- per month towards
interim maintenance to the respondent/wife from the date of filing of the petition
i.e., 12.06.2024 till the disposal of the main original petition. It was also directed
to pay interim maintenance amount to the wife on or before 5th day of every
succeeding English Calendar month and also directed the petitioner / husband to
pay the arrears of maintenance to the respondent within 2 months from
26.03.2025. Aggrieved over the same, the husband has filed the present Civil
Revision Petition.
2. The learned counsel appearing for the revision petitioner would submit
that the Court below has failed to appreciate the scope and nature of prayer
sought for under Section 25 of the HM Act in I.A.No.1 of 2024 in O.P.No.5085 of
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2023 and the wife / respondent has not sought interim maintenance under Section
24 of the HM Act, but she has chosen to sought permanent maintenance under
Section 25 of the HM Act. The learned counsel for the revision petitioner would
further submit that Section 25 of the HM Act deals with permanent alimony and
maintenance and therefore, the order impugned is not in consonance with Section
24 of the Hindu Marriage Act and the same is liable to be set aside.
3. In response, the learned counsel appearing for the respondent/wife
would submit that due to typographical mistake instead of mentioning Section 24
of HM Act, Section 25 of the HM Act has been mentioned and in the petition
filed in I.A.No.1 of 2024, it has been clearly mentioned as Section 25 of the HM
Act and the Court below also in its decreetal order has clearly mentioned as
Section 25 of the HM Act alone.
4. Heard both sides and perused the materials available on record.
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5. At this juncture, it is relevant to refer Sections 24 and 25 of the Hindu
Marriage Act, 1955, which reads hereunder:
“Section 24. Maintenance pendente lite and expenses of
proceedings:- Where in any proceeding under this Act it appears to
the Court that either the wife or the husband, as the case may be, has
no independent income sufficient for her or his support and the
necessary expenses of the proceeding, it may, on the application of the
wife or the husband, order the respondent to pay to the petitioner the
expenses of the proceeding, and monthly during the proceeding such
sum, as having regard to the petitioner's own income and the income
of the respondent, it may seem to the Court to be reasonable.
[Provided that the application for the payment of the expenses
of the proceeding and such monthly sum during the proceeding, shall,
as far as possible, be disposed of within sixty days from the date of
service of notice on the wife or the husband, as the case may be].
Section 25. Permanent alimony and maintenance – (1) Any
Court exercising jurisdiction under this Act may, at the time of passing
any decree or at any time subsequent thereto, on application made to it
for the purpose by either the wife or the husband, as the case may be,
order that the respondent shall pay to the applicant, for her
maintenance and support and such gross sum or such monthly or
periodical sum for a term not exceeding the life of the applicant as,
having regard to the respondent's own income and other property, if
any, the income and other property of the applicant and the conduct of
the parties, it may seem to the Court to be just, and any such payment
may be secured, if necessary, by a charge on the immovable property
of the respondent.
(2) If the Court is satisfied that there is a change in the
circumstances of either party at any time it has made an order under
sub-section (1), it may, at the instance of either party, vary, modify or
rescind any such order in such manner as the Court may deem just.
(3) If the Court is satisfied that the party in whose favour an
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order has been made under this Section has remarried or, if such party
is the wife, that she has not remained chaste, or if such party is the
husband, that he has had sexual intercourse with any women outside
wedlock, it shall rescind the order.”
6. Section 24 of HM Act provides for the relief of maintenance pendente
lite and litigation expenses to a wife who is unable to maintain herself during the
pendency of the proceedings.
7. At this juncture, it is relevant to cite the judgment of the Hon'ble
Supreme Court in Amarjit Kaur v. Harbhajan Singh [(2003) 10 SCC 28]
wherein it was held that relevant consideration for grant of maintenance pendente
lite is that the spouse seeking maintenance should not have independent income
sufficient for her / his support. Once Court reaches its conclusion in that regard,
it has to grant maintenance and only discretion left with the Court is with regard
to quantum of maintenance.
8. It is also pertinent to mention that as per Section 25 of the HM Act, the
Court may grant permanent maintenance and permanent alimony at the time of
passing any decree i.e., while disposing of the main petition. It is also well
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settled that the parties cannot be penalised for quoting wrong provisions by the
learned counsel for the parties concerned. In view of the above circumstances, it
is open to the respondent/wife to take a call to rectify / modify the correct
provision by moving appropriate application before the Court below in the
manner known to law. It is also made clear that this Court has not expressed any
view on the merits of the matter.
9. With the above observations, this Civil Revision Petition stands disposed
of. No costs. Consequently, connected miscellaneous petition is closed.
13.10.2025
Intex : Yes/No
Internet : Yes/No
Jvm
To
II Additional Principal Family Court,
Chennai.
M.JOTHIRAMAN, J.
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Jvm
13.10.2025
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