S.Srinivasan @ Seenivasan vs C.Suriyakala
2023 Latest Caselaw 3844 Mad

                                                                                      CMA(MD)No.311 of 2023

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                        DATED: 05.04.2023

                                                              CORAM

                                       The Honourable Mr. Justice R.SUBRAMANIAN
                                                             and
                                      The Honourable Mrs. Justice L.VICTORIA GOWRI

                                                  CMA.(MD)No.311 of 2023 and
                                                   CMP(MD) No.3902 of 2023

                     S.Srinivasan @ Seenivasan                                  .. Appellant/Respondent

                                                                 Vs.

                     1.C.Suriyakala

                     2.Minor S.S.Pugazhendhi                                   .. Respondents/
                                                                                     Petitioners

                                  Civil Miscellaneous Appeal is filed under Order XLIII(1)(a) of the
                     Code of Civil Procedure against the judgment in M.C.No.151/2016 dated
                     04.04.2022 on the file of the Family Court, Madurai.
                                           For Petitioner       : Mr.V.Aranmanai Pandian


                                                            JUDGMENT

[Judgment of the Court was delivered by R.SUBRAMANIAN, J.]

Challenge is to the order of the family Court granting maintenance under

Section 125 of the Criminal Procedure Code.

https://www.mhc.tn.gov.in/judis CMA(MD)No.311 of 2023

2. The family Court has granted Rs.8,000/- each per month to the wife and

the child of the appellant. The only contention of the learned counsel for the

appellant is that the wife holds a Post Graduate Degree in Micro Biology and she

can seek appropriate employment. We are afraid such a ground does not exist for

the husband to deny maintenance. If the wife is unable to maintain herself, the

husband is bound to maintain his wife and child. The inability to maintain would

only mean the absence of income. It will not include employability or possibility

of the wife getting an employment in future and earning. We also mean that the

quantum of maintenance that has been granted is very reasonable and in fact, it is

on the lower side. Hence, we do not find any reason to interfere with the order of

the family Court. The appeal fails and the same is dismissed. No costs.

Consequently connected Miscellaneous Petition is closed.

                                                                         (R.S.M.,J.) (L.V.G.,J.)
                                                                               05.04.2023
                     NCC        : Yes/No
                     Index      : Yes/No
                     Internet   : Yes
                     RR
                     To
                     1.The Family Court, Madurai

https://www.mhc.tn.gov.in/judis CMA(MD)No.311 of 2023

R.SUBRAMANIAN,J.

and L.VICTORIA GOWRI,J.

RR

CMA .(MD)No.311 of 2023

05.04.2023

https://www.mhc.tn.gov.in/judis