J.Venkatesan vs I.K.Sai Hemaarasi

This civil revision petition has been filed under Article 227 of The Constitution of India against the order dated 22.7.2026 passed in I.A.No.3 of 2026 in O.P.No.5122 of 2024 on the file of the Principal Judge, Family Court, Chennai (for short, the Court below) wherein the application filed by the respondent/wife under Section 24 of the Hindu Marriage Act, 1955 seeking for the monthly maintenance came to be allowed by fixing a sum of Rs.35,000/- to the respondent and the minor child towards interim monthly maintenance, which would include the educational expenses.

Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent/caveator.

This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record and more particularly the impugned order.

The respondent filed the said original petition seeking for the relief of dissolution of marriage. During the pendency of the said petition, the respondent filed I.A.No.3 of 2026 under Section 24 of the Hindu Marriage Act, 1955 seeking to grant monthly maintenance of Rs.50,000/-. The Court below, on considering the entire facts, came to the conclusion that the petitioner is already paying the monthly maintenance of Rs.25,000/- and thought it fit to fix the interim monthly maintenance of Rs.35,000/-, in total, which would include the educational expenses of the minor child. Aggrieved by that, the above civil revision petition has been filed before this Court.

When the matter is taken up for hearing, the learned counsel for the petitioner fairly submits that he is willing to spend whatever expenses are incurred to the minor child. The actual grievance of the petitioner is that the child has been taken away from the jurisdiction of the Court below, that the minor child is now kept in Bangalore and is not properly taken care by the respondent, that already proceedings have been initiated under the Guardians and Wards Act, 1890 and that the petitioner is more interested in seeing the child.

Considering the genuine grievance that has been expressed on the side of the petitioner, even though this Court is not inclined to interfere with the impugned order passed by the Court below, the above civil revision petition is disposed of with a direction to the Court below to take into consideration the grievance expressed by the petitioner and see if any interim arrangement can be made to ensure that the child is not deprived of the love and affection of the father/petitioner. Based on this liberty, the petitioner can work out his remedy before the Court concerned. No costs. Consequently, the connected CMP is closed.