Kuppusamy vs Suganya
2023 Latest Caselaw 4141 Mad

                                                                               CMA(MD)No.374 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 12.04.2023

                                                       CORAM :

                          THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                         THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                             CMA(MD)No.374 of 2023
                                                     and
                                             CMP(MD)No.4535 of 2023

                Kuppusamy                                                  ... Appellant

                                                         vs.


                Suganya                                                    ... Respondent


                          PRAYER : Appeal filed under Section 19 of the Family Courts

                Act, 1984, to set aside the order passed in I.A.No.185 of 2022 in

                HMOP.No.210 of 2021 on the file of the Family Court, Pudukottai,

                dated 29.10.2022.



                                  For Appellant      : Mr.R.Balakrishnan




https://www.mhc.tn.gov.in/judis
                1/4
                                                                             CMA(MD)No.374 of 2023


                                                   JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

The appellant/husband challenges the order granting

interim maintenance of Rs.9,000/- per month. The original petition

in HMOP.No.210 of 2021 was filed by the husband seeking divorce.

The wife sought for interim maintenance at Rs.20,000/- per month.

The husband termed it as exaggerated and claimed that since his

take home pay is only Rs.22,000/-, he cannot pay Rs.20,000/- as

maintenance. The Family Court took into account the rival pleadings

and concluded that a sum of Rs.9,000/- would be reasonable

monthly maintenance. The learned Family Court Judge also took

note of the fact that the appellant's gross salary is Rs.37,844/- and

hence 1/4th of the said amount could be fixed as monthly

maintenance. Aggrieved by such fixation, the husband is on appeal.

2. Learned counsel for the appellant would vehemently

contend that the Family Court failed to see that the appellant is

repaying home loan as well as he is maintaining his parents. The

appellant happens to work as a Revenue Assistant in the Revenue

Department of the Government of Tamil Nadu. The State

Government servants are the best paid in their fields. https://www.mhc.tn.gov.in/judis

CMA(MD)No.374 of 2023

3. Hence, we do not think a direction to pay Rs.9,000/- per

month could be termed to be on the higher side. We do not see any

reason to interfere with the order of the Family Court.

4. Accordingly, the Civil Miscellaneous Appeal is dismissed.

No costs. Connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 12.04.2023

Index : Yes / No Internet : Yes Neutral Citation : Yes / No bala

To

The Judge, Family Court, Pudukottai.

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

CMA(MD)No.374 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala

JUDGMENT MADE IN CMA(MD)No.374 of 2023 DATED : 12.04.2023

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