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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
S.Gajashree – Appellant
Versus
M. Balamurugan – Respondent
Civil Revision Petition|IA.No.1 of 2023 in OP.No.2560/2022
| Table of Content |
|---|
| 1. challenge to trial court's interim maintenance order in divorce case. (Para 1 , 2) |
| 2. petitioners seek enhancement based on respondent's income. (Para 3) |
| 3. maintenance enhanced to rs.30,000 for wife and children. (Para 4) |
ORDER
Challenging the Order passed by the trial Court in I.A.No.1 of 2023 in O.P.No.2560 of 2022 dated 13.10.2023, the present Civil Revision Petition has been preferred by respondents.
2. The respondent/petitioner filed the Original Petition to dissolve the marriage took place between the petitioner and the respondent as per Hindu religious rites and customs on 20.02.2009. During the pendency of the Original Petition, the petitioners have filed an application under section 24 of Hindu Marriage Act praying to direct the respondent to pay interim maintenance of Rs.70,000/- per month to the petitioners. Considering the facts and circumstances, the trial Court partly allowed the petition by directing the respondent to pay a sum of Rs.25,000/- to the petitioners towards the interim maintenance from the date of filing this petition till disposal of the main Original Petition. The trial Court further directed the respondent to settle the arrears within three months from the date of the Order and directed to pay the monthly interim maintenance amount on or before 10th of every English Calendar month. Aggrieved over the same, the petitioners have filed the present revision for enhancement of the maintenance amount.
3. The learned counsel appearing for the petitioners would submit that the trial Court considering the fact that the respondent is earning Rs.1,35,000/- per month ought to have fixed interim maintenance as sought by the petitioners and as the first petitioner is unable to meet the expenses to feed themselves and to defend the case instituted by the respondent, seeks enhancement of interim maintenance.
4. The petitioner is living with two minor children and she has to maintain herself and her children. Besides the respondent is also willing for betterment of the children and he is looking after the children. Considering the facts and circumstances, the interim maintenance is enhanced to Rs.30,000/- [Rupees thirty thousand only] and the respondent is directed to pay the accrued arrears of maintenance of that amount within 8 weeks and pay monthly maintenance to the petitioners as per the Order of the trial Court made in I.A.No.1 of 2023 in O.P.No.2560 of 2022, dated 13.10.2023.
5. With the above directions, this Civil Revision Petition is disposed of.
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