S.Sivabalan vs R.Sivasakthipriya
- Court
- Madras High Court
1 CMP No. 27969 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 3799 of 2026
and CMP No.16467 of 2026
and CMP No.27969 of 2026
CNR:{HCMA011417662026}
S.Sivabalan
Appellant(s)
Vs
R.Sivasakthipriya
Respondent(s)
Prayer:- Petition filed under Article 227 of the Constitution of India, to set
aside the order dt.30.03.2026 made in I.A.No.2 of 2025 in O.P.No.377 of 2023,
on the file of the Sub Court, Alandur.
For Petitioner(s): Mr.CH.Mohith Sai
For Respondent(s): Mr.A.M.Packianathan Easter
Asst.by:
Mr.Agathian J.Pandian
for M/s.Easter Legal
ORDER
This Civil Revision Petition has been filed under Article 227 of the
Constitution of India challenging the fair and decreetal order dated 30.03.2026
passed in I.A.No. 2 of 2025 in O.P.No. 377 of 2023 on the file of the Sub Court,
Alandur, wherein the Court below based on the application filed by the
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2 CMP No. 27969 of 2026
respondent under Section 24 of the Hindu Marriage Act, 1955, fixed a sum of
Rs.10,000/- as interim maintenance payable by the petitioner to the respondent.
2.Heard the learned counsel for the petitioner and the learned counsel
appearing on behalf of the respondent and carefully perused the materials
available on record and this Court also carefully went through the order passed
by the Court below.
3.When this Civil Revision Petition was entertained by this Court on
14.07.2026, as an interim measure, this Court directed the petitioner to pay
interim maintenance at the rate of Rs.7,000/- per month and further directed the
petitioner to pay the arrears of maintenance as per the impugned order.
4.The arrears of maintenance have been paid as directed by this Court and
the monthly interim maintenance is also being paid at the rate of Rs.7,000/- per
month.
5.In the considered view of this Court, the Court below has properly
exercised its discretion and fixed the interim monthly maintenance at
Rs.10,000/- per month, payable by the petitioner to the respondent and the
amount fixed by the Court below is reasonable and not exorbitant. Therefore,
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3 CMP No. 27969 of 2026
this Court is not inclined to exercise its jurisdiction under Article 227 of the
Constitution of India and interfere with the same.
6.In view of the above, the order dated 30.03.2026 passed in in I.A.No. 2
of 2025 in O.P.No. 377 of 2023 on the file of the Sub Court, Alandur, is
sustained. In view of the same, the petitioner is directed to remit the arrears of
maintenance, since as per the interim order passed by this Court only Rs.7,000/-
was paid per month as monthly maintenance and the same shall be paid, within
a period of four weeks from the date of receipt of copy of this order.
Considering the fact that the Original Petition is of the year 2023, there shall be
a direction to the Sub Court, Alandur, to dispose of O.P.No. 377 of 2023, within
a period of four months from the date of receipt of copy of this order.
7.In the result, this Civil Revision Petition is disposed of in the above
terms. No Costs. Consequently, the connected miscellaneous petitions are
closed.
8.Before drawing the curtains in the present case, this Court has noticed
that, in the last three months, in almost every matrimonial dispute that has
reached this Court, the marriages had taken place between the parties between
the years 2019 to 2022. In more than 95% of those cases, the parties had hardly
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4 CMP No. 27969 of 2026
lived together for six to nine months and in some cases, they had lived together
only for three months. Incidentally, that period was when there was a total
lockdown due to the pandemic situation. The Coronovirus has not only taken
away human lives but had also destroyed the institution of marriage during that
period. Since the parties were inside the same house, the best and worst aspects
of their characters were exposed and most of them were under pressure,
thinking about their future and it had a direct impact on their marital
relationship. Therefore, those matrimonial disputes that arose during this period
viz., 2000 to 2022, must be dealt with as a separate category and out of box
thinking is required to resolve these disputes. This is in view of the fact that the
parties lived together hardly for only a few months and they were going
through extraordinary circumstances due to the pandemic. Hence, this Court is
inclined to see if a different method can be adopted to resolve all those
matrimonial disputes that has taken place during the period between 2020 to
2022.
9.In view of the above, there shall be a direction to all the Principal
District Judges across the State of Tamil Nadu to collect the data from the
concerned Family Courts/Courts dealing with matrimonial disputes pertaining
to those marriages which had taken place between the year 2020 to 2022. If the
data is placed before this Court before the next date of hearing, this Court will
seek the assistance of the counsel who have rich experience in
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5 CMP No. 27969 of 2026
Family Court disputes and see if a different kind of solution can be adopted in
all these cases. This Court is confident that such a step will surely have a
positive impact and it will help many families coming together by resolving the
dispute amicably.
10.A copy of this order shall be marked to all the Principal District Judges
across the State of Tamil Nadu who shall collect the data as directed by this
Court and it shall be placed before this Court before the next date of hearing.
11.Post this case under the caption ‘For Filing Report’ on 27.11.2026 at
2.15 p.m.
16-10-2026
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
ssr
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6 CMP No. 27969 of 2026
To
The Sub Court, Alandur.
Copy to
All the Principal District Judges,
Tamil Nadu.
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7 CMP No. 27969 of 2026
N.ANAND VENKATESH J.
SSR
CRP No. 3799 of 2026
and
CMP No. 16467 of 2026
CMP No. 27969 of 2026
16-10-2026
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