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2026 Supreme(Online)(Mad) 15758

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice P. VELMURUGAN
B.SARAVANAKUMAR – Appellant
Versus
P.SINDUJA – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.02.2026 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN C.R.P.No.836 of 2025 B.Saravanakumar … Petitioner Versus

1. P.Sinduja

2. The Deputy Director of Health Services Collectorate Back Side New RTO Office, Ramapuram, Krishnagiri District.

3. Medical Officer Megalachinnapalli Primary Health Centre Krishnagiri, Krishnagiri District. ... Respondents Civil Revision Petition filed Article 227 of Constitution of India, praying, to set aside the fair and decretal order dated 03.01.2025 passed in I.A.No.2 of 2022 in H.M.C.M.A.No.19 of 2022 by the learned Additional District Judge (FTC) at Vellore and allow the Civil Revision Petition.

For Petitioner : Mr.C.Pritheevraj For Respondents : Mrs.P.Sinduja party-in-person / first respondent Mr.P.Gurunathan Additional Government Pleader for R2 and R3

O R D E R

(Order of the Court was made by P.VELMURUGAN, J.)

Challenging the order dated 03.01.2025 passed in I.A.No.2 of 2022 in H.M.C.M.A.No.19 of 2022 by the learned Additional District Judge (Fast Track Court), Vellore, whereby, the interim maintenance was enhanced to Rs.25,000/- per month, the petitioner/husband has filed the above Civil Revision Petition.

2. The first respondent/wife filed H.M.C.M.A.No.19 of 2022 seeking a direction to the petitioner/husband to return the articles belonging to her and to refund the amount allegedly spent towards the purchase of a car and other household articles as dowry. Pending the said appeal, the wife filed an interlocutory application in I.A.No.2 of 2022 seeking enhancement of interim maintenance, pursuant to the earlier order passed in I.A.No.57 of

2014 in H.M.O.P.No.54 of 2013. The learned Additional District Judge (Fast Track Court), Vellore, by order dated 03.01.2025, allowed the said application and directed the husband to pay a sum of Rs.25,000/- per month as interim maintenance from the date of the petition i.e., 08.09.2022, till disposal of the appeal, on or before 7th day of every English Calendar Month. The husband was further directed to pay the arrears of maintenance from 08.09.2022 till the date of disposal of the interlocutory application within a period of six months, by dividing the arrears into six equal installments, after deducting the sum of Rs.55,000/- already paid. It was also ordered that, in default, the salary of the husband shall be attached and the wife would be at liberty to recover the same by any other lawful mode of execution. Aggrieved by the said order, the husband has filed the present petition.

3. It is the case of the petitioner/husband that the first respondent/wife is well qualified, employed and earning sufficient independent income and therefore, she is not entitled to claim maintenance under Section 24 of the Hindu Marriage Act, 1955. It was further contended that the first respondent/wife is not legally entitled to seek interim maintenance with effect from 08.09.2022, inasmuch as the main petition for divorce in H.M.O.P.No.54 of 2013 had already been dismissed and consequently, no interlocutory application seeking interim relief would survive thereafter. Hence, the enhancement of maintenance to Rs.25,000/- per month is neither maintainable nor sustainable in law. It is also contended that the petitioner had already handed over 44 sovereigns of gold jewellry, 10 silver articles and other household articles to the first respondent/wife, which has been recorded in clause (iv) of paragraph 37 of the order dated 04.10.2024 in C.R.P.No.1406 of 2024.

4. The first respondent/wife, appearing as party-in-person, submitted that she has no independent source of income and that she has also lost her employment. It was further contended that the petitioner/husband is working as a Government Medical Officer and is earning a substantial income. The salary slip as on 31.12.2025 shows that the gross monthly income of the petitioner is Rs.99,333/-. Despite the same, the interim maintenance awarde

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