Facts
The wife, who had petitioned for divorce, sought interim maintenance for herself and the parties’ minor son, and payment of the child’s school and related fees.
Source reference: pp. 4–6The Family Court dismissed her maintenance application, granted the child maintenance of ₹10,000 per month, and did not clearly address the school-fee request.
Source reference: pp. 4–6The wife challenged the order dated 13 February 2025 in three writ petitions under Article 227 of the Constitution.
Source reference: pp. 4–6The parties had filed statements of assets and liabilities; the husband stated that he earned ₹6,000 per month and was already paying ₹10,000 for the child.
Source reference: pp. 4–6Issues
1. Whether the Family Court’s order on the wife’s applications for interim maintenance and the child’s educational expenses could stand when it did not give reasons addressing those claims.
Source reference: p. 72. Whether the husband should continue paying ₹10,000 per month for the child pending fresh consideration by the Family Court.
Source reference: p. 7Law Applied
Article 227 of the Constitution empowers the High Court to exercise supervisory jurisdiction over subordinate courts.
Source reference: no citationA judicial order deciding contested applications must provide reasons that show the basis for the relief granted or refused.
Source reference: no citationThe applications included a claim under Section 26 of the Hindu Marriage Act for the child’s educational expenses.
Source reference: p. 4Reasoning
The High Court found that the Family Court had not explained why it fixed the child’s maintenance at ₹10,000, rejected the wife’s maintenance claim, or failed to grant relief for educational expenses.
Source reference: pp. 6–7The parties’ competing claims and financial statements had been placed before it, but the order did not disclose how those matters informed its decision.
Source reference: pp. 6–7In the absence of reasons, the High Court set aside the order and remitted the applications for fresh consideration rather than deciding the claims itself.
Source reference: pp. 6–7Holding
The High Court allowed the challenge to the extent of setting aside the Family Court’s order dated 13 February 2025 on I.A. Nos. 2, 3 and 9, and remanded those applications for a reasoned decision.
Pending that decision, the husband must continue paying ₹10,000 per month.
Source reference: p. 7The Family Court was directed to decide the applications as expeditiously as possible and within one month of receiving the order; all pending interlocutory applications before the High Court were closed.
Source reference: p. 7Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Hindu Marriage Act, 19551
Original Court PDF
DEEPA NAIDUvsASHWIN KUMAR
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