SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 24894

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
P.Bharathi – Appellant
Versus
S.Gunasundari – Respondent
REV.APPL No. 57 of 2026 | CMP No.3880 of 2026



Advocates:
For the Appellants/Petitioners: Mr.N.S.Amogh Simha

A review application requires clear evidence of error or new facts not previously presented; mere dissatisfaction with an order does not suffice.

Headnote:The Review Application was filed under Order 47 Rule 1 & 2 r/w 115 of CPC to contest the interim maintenance awarded in CRP No. 5733 of 2025. The petitioner sought to review an enhanced maintenance that was based on the income disparity evidence presented. The court found no error indicating grounds for review and dismissed the petition. The final order confirmed the maintenance obligations of the petitioner as appropriate based on income.

Table of Content
1. review application seeks to contest interim maintenance. (Para 1 , 2 , 3)
2. concerns regarding maintenance based on income and expenses. (Para 4 , 5)
3. court rejection of the review due to lack of new evidence. (Para 6)
4. final court ruling on maintenance obligations. (Para 7)

ORDER

This Review Application has been filed seeking to review the order passed by this court in CRP No.5733 of 2025, dated 17.11.2025.

2. The main civil revision petition was filed by the respondent herein/

wife aggrieved by the quantum of interim maintenance fixed by the Family Court. The petitioner herein/husband filed a petition seeking divorce on the ground of cruelty against the respondent in FCOP No.460 of 2022. Pending main OP, the respondent herein/wife filed an application seeking interim maintenance at Rs.40,000/- per month for herself and her minor daughter. She also sought for payment of Rs.2,00,000/- towards litigation expenses. The Family Court, by the order impugned in the civil revision petition, directed the petitioner herein to pay a sum of Rs.10,000/- per month to the minor daughter G.B.Inithra, apart from direction to pay school fees and other maintenance expenses, as per the requirement of school. The petitioner was also directed to pay a sum of Rs.20,000/- towards litigation expenses. Not satisfied with the quantum of interim maintenance granted by the Family Court, the respondent/wife preferred the civil revision petition in CRP No.5733 of 2025 before this court.

3. It is seen from the order impugned in the civil revision petition that the respondent/wife is employed in a school drawing a salary of Rs.9,000/- per month. The petitioner/husband is a B.E. (Computer Science) Graduate and gainfully employed in a Multinational Company, namely CISCO Systems India Private Limited. Further, the affidavit of Assets and Liabilities filed by the petitioner would go to show that the petitioner is drawing a monthly income of Rs.1,14,000/- per month. Taking into consideration the income of the petitioner and the respondent and also the quality of the life, which the wife and the minor child would have enjoyed in the matrimonial house of the petitioner/husband, this court was pleased to enhance the quantum of interim maintenance payable to minor from Rs.10,000/- to Rs.15,000/-. As far as the respondent/wife is concerned, the petitioner was directed to pay a sum of Rs.5,000/- per month as interim maintenance. The said amount was fixed by taking into consideration the salary of Rs.9,000/- per month earned by the respondent. Aggrieved by the said order, the petitioner/husband has come by way of this review application.

4. The learned counsel for the petitioner would submit that the expenses and respondent’s income and property details have not been brought to the notice of this court before passing the orders. Therefore, the order impugned in the review application need to be reviewed.

5. It is seen from the order of this court that based on the statement made in the Affidavit of Assets and Liabilities filed by both the parties and the documents produced, this court has passed the order, marginally increasing the quantum of interim maintenance fixed by the Family Court. The total income of the petitioner, as per his Affidavit of Assets and Liabilities is Rs.1,14,000/- per month. Now, he has been directed to pay only a sum of Rs.20,000/- per month towards interim maintenance to his wife and child. The amount directed to be paid is less than 1/5th of his total income.

6. The learned counsel for the petitioner would submit that certain expenditures to be met by the petitioner and the property details of the respondent have not been brought to the notice of this court. But, in the Affidavit of Assets and Liabilities filed by the petitioner, he has not mentioned about the alleged property details and the expenditure details. First of all, the petitioner cannot say that the entire income earned by him is spent to meet certain expenditure and

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top