IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-03-2026 CORAM THE HONOURABLE MR. JUSTICE N. MALA and CMP.No.1635 of 2026 U.Saravanan @ Jagadeeshwaran ... Petitioner Vs.

J.Priya @ Uma ... Respondent PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.5 of 2025 in O.P.No.727 of 2016 on the file of VI Additional Principal Judge, Family Court, Chennai, dated 05.07.2025.

For Petitioner : Mr.I.Javid Akbar For Respondent : Mr.A.Murali

ORDER

This Civil Revision Petition is filed against the order dated 05.07.2025 passed in I.A.No.5 of 2025 in OP.No.727 of 2016 on the file of the VI Additional Principal Judge, Family Court, Chennai, directing the petitioner to deposit into Court, the arrears of the maintenance of a sum of Rs.5,80,000/- within one month failing which the defence to be struck off.

2. The petitioner filed the main OP under Section 12(1)(c) of Hindu Marriage Act, to declare the marriage solemnized between the respondent and the petitioner on 16.09.2015, as null and void. Pending OP, the respondent filed an application in I.A.No.1563 of 2016 under Section 24 of the Hindu Marriage Act, seeking interim maintenance. The said IA was allowed on 21.12.2017, directing the petitioner to pay a sum of Rs.10,000/- per month, to the respondent towards interim maintenance from the date of petition i.e., 08.06.2016, till the disposal of the main petition and to also pay a sum of Rs.10,000/- towards legal expenses. Since the petitioner failed to pay the interim maintenance, the respondent filed IA.No.05 of 2025 for a direction to the petitioner to pay the arrears of interim maintenance of Rs.5,80,000/-, calculated upto January, 2025 and on failure to proceed with the OP.No.727 of 2016, by striking off the petitioner’s defence in OP. The said IA was allowed by order dated 05.07.2025, with a direction to the petitioner to pay the arrears of maintenance of a sum of Rs.5,80,000/- within a period of one month, failing which the defence was directed to be struck off. The petitioner was also directed to pay further arrears, as and when it arose and to report compliance. Aggrieved by the order dated 05.07.2025, the present Civil Revision Petition is filed.

3. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that the application in IA.No.5of 2025 was allowed on 05.07.2025, directing the petitioner to pay a sum of Rs.5,80,000/- within a month. For compliance of the conditional order the IA was posted on 06.08.2025, however, since the petitioner failed to comply with the condition, his defence in the OP was struck off on the same day. The learned counsel further submitted that the petitioner had paid Rs.2,00,000/- on 06.02.2026, by way of Demand Draft. The learned counsel submitted that the petitioner totally paid a sum of Rs.8,10,000/- out of Rs.11,10,000/- towards arrears of maintenance and legal expenses. The learned counsel submitted that the petitioner undertakes to pay the balance out of Rs.3,00,000/-, within a period of 8 weeks by way of demand draft drawn in favour of the respondent.

4. The learned counsel for the respondent submitted that the petitioner should be directed to file an affidavit of undertaking to pay the balance amount of Rs.3,00,000/- within a period of 8 weeks by way of demand draft and also regarding the disputed amount of Rs.80,000/- and Rs.10,000 (legal expenses).

5. I heard both the learned counsels and perused the materials placed on record.

6. The learned counsel for the petitioner filed a memo and an undertaking affidavit stating that the petitioner undertakes to pay the balance amount of Rs.3,00,000/- within a period of 8 weeks by way of Demand Draft drawn in favour of the respondent. The said undertaking affidavit is recorded. The petitioner is directed to pay the arrears of Rs.3,00,000/- within a period of 8 weeks from the date of receipt of copy of this order. Insofar as the dispute