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2026 Supreme(Online)(Mad) 19431

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
P. Robinson – Appellant
Versus
G. Merlin Nancy – Respondent
Civil Revision Petition | CMP.No.22744 of 2025 | IA No.2 of 2024 | IDOP No.3780 of 2023



Advocates:
For the Appellants/Petitioners: Antipas Moses, Samuel N. John Mathius, A. Venkatesh
For the Respondents: M/s.C.Jayakumar, E.Sathiyaraj, M.Dhanalakshmi, S.Elvin Niha

The court recognizes the husband's obligation to maintain both wife and child, regardless of the wife's employment status.

Headnote:This judgment examines a Civil Revision Petition under Article 227 of the Indian Constitution, concerning a challenge to an order on interim maintenance under the Indian Divorce Act. The petitioner contends significant changes in the financial status were overlooked, while the respondents assert deliberate underemployment by the petitioner. The court finds the petitioner is obligated to support both the wife and child and adjusts the maintenance amount accordingly. The petitioner is ordered to pay Rs.15,000/- per month for child maintenance.

Table of Content
1. challenge to interim maintenance order (Para 1 , 2)
2. dispute over financial status and employment (Para 4 , 5)
3. obligation to maintain wife and child (Para 6 , 7)
4. final order and disposal of petition (Para 8 , 9)

PRAYER Civil Revision Petition filed under Article 227 of Indian Constitution, prays to revise the order made in IA No.2 of 2024 in IDOP No.3780 of 2023 dated 24.03.2025 on the file of the learned I Additional Family Court, Chennai from Rs.20,000/- to Rs.3,000/- and to call for Records of current employment status from the respondent including her financial status per month by way of a sworn affidavit.

For Petitioner(s): Antipas Moses Samuel N. John Mathius A. Venkatesh For Respondent(s): M/s.C.Jayakumar E.Sathiyaraj M.Dhanalakshmi S.Elvin Niha For R1 And R2 (r2 Minor Rep By R1)

ORDER

The petitioner has filed this petition to revise the order made in IA No.2 of 2024 in IDOP No.3780 of 2023 dated 24.03.2025 on the file of the learned I Additional Family Court from Rs.20,000/- to Rs.3,000/- and to call for Records of current employment status from the respondent including her financial status per month by way of a sworn affidavit.

2. Challenging the impugned order passed in I.A. No. 2 of 2024 in IDOP No. 3780 of 2023, dated 24.03.2025, the husband has preferred this revision.

3. Before the Trial Court, the respondents filed a petition under Section

36 of the Indian Divorce Act seeking a direction to the husband to pay a sum of Rs.30,000/- per month as interim maintenance. After hearing both sides, the Trial Court awarded a sum of Rs.20,000/- per month. Aggrieved by the same, the husband has filed this revision.

4. The learned counsel for the revision petitioner/husband submitted that, as on date, he is unemployed. However, the respondent/wife is employed in a private concern and is earning Rs.60,000/- per month. He contended that the Trial Court failed to properly consider this aspect.

5. The learned counsel for the respondents submitted that the husband was previously employed and was drawing a salary of Rs.35,000/- per month, and that he has deliberately changed his employment to avoid payment of maintenance.

6. Considering the submissions, it is seen that the husband and wife are living separately and the daughter is residing with the wife. The daughter is a graduate and is also employed in a private concern. According to her, she is earning Rs.13,000/- per month. The husband claims that he is presently earning Rs.25,000/- per month from family property situated at Kolathur.

7. Though the wife is employed, the husband is legally bound to maintain both the wife and the child. Taking into account the overall circumstances and the income claimed by both parties, the husband is directed to pay a sum of Rs.15,000/- per month towards maintenance for the child, without default, on or before the first week of every English calendar month, commencing from March 2026, until disposal of IDOP No. 3780 of 2023.

8. Both parties are directed to cooperate with the Trial Court for expeditious disposal of the main petition.

9. Accordingly, this Civil Revision Petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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