Interim maintenance under Section 24 of the Hindu Marriage Act should reflect the standard of living enjoyed during marriage while considering the financial capacities of both parties.

ORDER :

1. These revision petitions are at the instance of the husband who has suffered orders directing payment of interim maintenance as well as return of articles before the Family Court.

2. I have heard Mr. R.Marudhachalamurthy, learned counsel for the petitioner/husband and Mr.G.Mohanakrishnan, learned counsel for the respondent/wife.

3. Mr.Marudhachalamurthy, learned counsel for the revision petitioner/husband would state that both the parties are admittedly lawyers and they were married on 01.12.2017. However, within a very short span of time, disputes arose and the wife left the matrimonial home. The husband moved the Family Court seeking dissolution of the marriage alleging cruelty and dessertion. Pending the said OP, the respondent/wife filed applications for maintenance, interim maintenance as well as for return of articles.

4. Mr.Marudhachalamurthy, learned counsel for the petitioner would invite my attention to the order passed by the Family Court on 23.10.2025. The respondent had filed IA.No.04 of 2021 seeking an interim maintenance of Rs.2,00,000/- per month and also Rs.3,00,000/- as maintenance. By order dated 29.04.2021, the Family Court ordered the petitioner to pay a sum of Rs.1,25,000/- per month. The same was challenged before the Division Bench of this Court in CMA.No.1914 of 2021 and by order dated 29.03.2022, the Division Bench of this Court granted stay on condition that the petitioner complies with the order dated 05.10.2021 and pays a sum of Rs.3,50,000/- to the respondent. Admittedly, according to Mr.Marudhachalamurthy, the said order was complied with. However, on 29.03.2022, the Hon'ble Division Bench directed payment of a further Rs.1,50,000/- on account of arrears of interim maintenance. The said order admittedly has also been complied with.

5. Subsequently, by order dated 21.03.2024, the Hon'ble Division Bench gave liberty to the petitioner to prefer a revision challenging the order of interim maintenance and the petitioner filed the revision before this Court and taking note of the payment of Rs.5,00,000/-, this Court by order dated 09.07.2024 granted stay. On 15.04.2025, the Civil Revision Petition was allowed and the matter was remitted to the Family Court for a de novo enquiry. The Special Leave Petition filed as against the dismissal of the revision was dismissed on 04.08.2025. It is thereafter that the learned Judge of the Family Court has proceeded to enquire into the matter and passed the impugned order, directing payment of Rs.50,000/- as interim maintenance.

6. Mr.Marudhachalamurthy, learned counsel for the petitioner, taking me through the impugned order passed by the Family Court, would contend that the findings are all in favour of the petitioner and unfortunately, while determining the quantum of maintenance, the Family Court has erred in awarding Rs.50,000/- per month. It is the specific case of Mr.Marudhachalamurthy, learned counsel for the petitioner that the petitioner himself was a law student when he was married and he was wholly dependent on his parents. He would further contend that his enrolment was only in the year 2022 and he is a raw junior who does not earn handsomely for becoming liable to maintain his wife by paying a fanciful interim maintenance of Rs.50,000/-. The learned counsel would also state that the Family Court has erroneously held that the petitioner can pay the interim maintenance with the support of his affluent parents. The learned counsel would state that such an order is wholly unsustainable in the eye of law and necessarily deserves to