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2026 Supreme(Online)(Mad) 38522

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V. Thamilselvi, J
Ramesh – Appellant
Versus
Manimekala – Respondent
CMP NO. 22790 OF 2025|CMP NO. 22792 OF 2025



Advocates:
For Petitioner(s): Mr.M.Amarnath
For Respondent(s): Mr.S. Kaithamalai Kumaran

Maintenance awarded based on husband's proven income and capacity despite unemployment claim.

Headnote:Article 227 of the Constitution of India. The wife filed for maintenance in H.M.O.P. No.43/2023. Trial court awarded Rs.15,000/- interim maintenance. Husband challenged, claiming unemployment, but evidence showed prior employment in South Africa and current salary of Rs.1,10,000/- as engineer. Court modified maintenance considering husband's income.

Issues: Whether husband capable of paying maintenance despite unemployment claim. Ratio: Husband's employment history and salary evidence rebut unemployment claim; maintenance payable based on capacity. Civil Revision Petition disposed; maintenance reduced to Rs.12,000/- per month with arrears.

Table of Content
1. challenges trial court's interim maintenance order (Para 1)
2. husband claims unemployment despite evidence of income (Para 2)
3. maintenance reduced to rs.12,000/- monthly with arrears (Para 3)

ORDER

Challenging the impugned order passed in I.A.No.1 of 2024 in H.M.O.P.No. 43 of 2023 by the learned Sub-Judge, Perunthurai, wherein interim maintenance of Rs.15,000/- awarded by the trial judge, the Revision Petitioner husband had preferred this Civil Revision Petition.

2. The learned counsel for Revision Petitioner husband would submit that as on date, he is unemployed, so he is unable to pay maintenance, but the fact reveals that at the time of marriage, he was employed at South Africa. Moreover, he is an Engineer and now he is employed in Agni Steels and receiving salary of Rs.1,10,000/- according to the respondent, which was not disputed by him.

3. Having considered the income of revision petitioner husband, the order passed by the trial judge in I.A.No.1 of 2024 in H.M.O.P.No. 42 of 2023 is modified and he is directed to pay a sum of Rs.12,000/- per month as maintenance to the respondent wife till the disposal of Original Petition along with arrears of maintenance from the date of filing the application in I.A.No.1 of 2024 with accrued arrears and he is also directed to continue to pay the maintenance. If he has not paid the said amount, he is not entitled to proceed with the petition filed in HMOP No. 43 of 2023. With the said direction, this Civil Revision Petition is disposed of. No costs. Consequently, connected civil miscellaneous petitions are closed.

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