Maintenance under Section 25 of the Hindu Marriage Act is determined by the financial circumstances of both parties, with no fixed rules for its amount.

ORDER

The petitioner/husband has filed the present revision petition as against the order passed in the maintenance case filed by the respondent/wife in M.C.No.485 of 2014 on the file of the Vth Additional Principal Judge, Family Court, Chennai, by order dated 17.08.2022, in and by which the said maintenance case was partly allowed, directing the husband to pay Rs.10,000/- per month to the respondent/wife from the date of the maintenance petition, and the said amount was directed to be paid before 5th day of every English calendar month.

2. Learned counsel for the petitioner/husband stated that the husband is only getting a meagre pension of just Rs.21,000/- per month and this aspect was duly considered by the Family Court while ordering maintenance. Further, the petitioner/husband has not received the terminal benefits till date and he was working in a School and subsequently, the husband had resigned the job.

3. Further, it is contended that although the respondent/wife is able to maintain herself without any maintenance from the revision petitioner/husband and that she is a trouble-maker and she saw to it that the petitioner/husband is not getting the retirement benefits. Ever after lapse of more than five years, the petitioner/husband is not able to get the retirement benefits.

4. In support of his submissions, learned counsel for the petitioner/husband relied on a case of this Court in J.M.Elangovan Vs. Saranya, dated 09.06.2022 in Crl.R.C.No.889 of 2021, in which, this Court relied on a decision of the Honourable Supreme Court reported in 2017 (14) SCC 200 (Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy).

5. It is the further contention of the petitioner/husband that he has to maintain his ailing old age parents. It is the averment of the husband that the respondent/wife is residing in a portion of the house of the petitioner/husband and even the electricity charges and other maintenance are being paid only by the husband and that she is not paying any charges towards the maintenance of the house belonging to the family of the petitioner/husband. Thus, the learned counsel for the petitioner/husband prayed that the impugned order of the Family Court is perverse and the same may be set aside.

6. There is no representation for the respondent herein (wife) today (10.03.2025) and even though, earlier, a learned counsel has entered appearance for the wife.

7. Admittedly, the petitioner/husband has obtained divorce from the respondent/wife and she is residing separately. The petitioner/husband is a retired employee and is getting pension of only Rs.21,000/- from the year of 2022.

8. Further, the respondent at present is not gainfully employed any- where.

9. Considering the cost of living and the price index, the minimum requirement of leading a life for a wife based on the income of the husband is Rs.10,000/- per month, which is sufficient and the same was duly considered by the Family Court while ordering maintenance.

10. Upon perusing the entire materials available on record, and on browsing the impugned order of the Family Court, it is clear that there is no perversity in the impugned order to interfere with by this Court.

11. Learned counsel for the petitioner relied on the decision of the Supreme Court reported in 2017 (14) SCC 200 (Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy) and prayed that the impugned order in the case on hand, may not be interfered with by this Court.

12. It is useful to refer the said decision of this Court, reported in 2017 (14) SCC 200 (supra), and the relevant portion of the same is extracted below:

"13. We have considered the rival contentions and perused the impugned judgment (Rita Dey Chowdhury nee Nandy Vs. Kalyan Dey Chowdhury, - 2016 SCC Online Calcutta 4972) and other materials on record.

14. Section 25 of the Hindu Marriage Act, 1955 confers power upon the Court to grant a permanent alimony to either spouse who claims the same by making an application. Sub-section (2) of of the confer