Facts
The respondent sought interim maintenance under Section 24 of the Hindu Marriage Act, 1955, in O.P. No. 377 of 2023. The Sub Court, Alandur, allowed the application and directed the petitioner to pay Rs. 10,000 per month. The petitioner challenged that order under Article 227 of the Constitution.
Source reference: paras. 1, 3–4While entertaining the revision, the High Court directed interim payment of Rs. 7,000 per month and payment of arrears; the petitioner paid the arrears as directed and continued monthly payments at that rate.
Source reference: paras. 1, 3–4Issues
Whether the Sub Court’s order fixing interim maintenance at Rs. 10,000 per month warranted interference under Article 227 of the Constitution
Source reference: paras. 1, 5–6Whether further directions were required concerning the arrears and disposal of the pending matrimonial petition
Source reference: para. 6Law Applied
Section 24 of the Hindu Marriage Act, 1955, provides the statutory basis for a spouse’s application for interim maintenance.
Source reference: para. 1The High Court considered its supervisory jurisdiction under Article 227 of the Constitution in reviewing the subordinate court’s maintenance order.
Source reference: paras. 1, 5The judgment cites no precedent and does not set out a broader test for Article 227 intervention.
Source reference: no citationReasoning
The High Court found that the Sub Court had properly exercised its discretion and that Rs. 10,000 per month was reasonable and not exorbitant. It therefore declined to interfere under Article 227, sustaining the maintenance order.
Source reference: para. 5Because the petitioner had paid only Rs. 7,000 per month under the High Court’s interim direction, the Court ordered payment of the resulting arrears within four weeks. Given that the original petition dated from 2023, it also directed the Sub Court to dispose of it within four months.
Source reference: para. 6Holding
The revision petition was disposed of, and the Sub Court’s order fixing maintenance at Rs. 10,000 per month was sustained.
The petitioner was directed to pay the arrears within four weeks, and the Sub Court was directed to dispose of O.P. No. 377 of 2023 within four months; there was no order as to costs.
Source reference: paras. 6–7Separately, the Court directed Principal District Judges across Tamil Nadu to collect data on matrimonial disputes involving marriages solemnised between 2020 and 2022, for a report to be placed before the Court before the next hearing, and listed the matter for that purpose.
Source reference: paras. 8–11Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Hindu Marriage Act, 19551
Original Court PDF
S.SivabalanvsR.Sivasakthipriya
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