R.Balasubramaniam vs K.Kanagamani
2023 Latest Caselaw 9514 Mad

                                                                                C.M.A.No.1696 of 2023

                                   THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 02.08.2023
                                                     CORAM:
                                  THE HONOURABLE MR JUSTICE R.SUBRAMANIAN
                                                   AND
                                   THE HONOURABLE MRS JUSTICE R.KALAIMATHI

                                              C.M.A.No.1696 of 2023
                                                       and
                                              C.M.P.No.16642 of 2023


                     R.Balasubramaniam                                    ...Appellant

                                                         Vs.

                     K.Kanagamani                                         ...Respondent



                     Prayer: Civil Miscellaneous Appeal filed under Section 19(1) of the Family
                     Courts Act, 1984, against the fair and decreetal order dated 11.03.2022
                     passed in I.A.No.1 of 2019 in H.M.O.P.No.1118 of 2018 on the file of the
                     Additional Principal Family Judge, Coimbatore.

                                         For Appellant         : Mr.M.Marudhachalam


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https://www.mhc.tn.gov.in/judis
                                                                                    C.M.A.No.1696 of 2023




                                                      JUDGMENT

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

The order challenged in the appeal is the order of maintenance of

Rs.7,500/- to the wife under Section 24 of the Hindu Marriage Act.

2. Pending HMOP for declaration that the marriage is null and

void as it is in controvention of the provision of Section 5(1) of the Hindu

Marriage Act, the wife sought for a sum of Rs.15,000/- as maintenance.

This was resisted by the husband contending that the wife has suppressed

the first marriage and therefore she is not entitled to maintenance.

3. The Family Court took into account the circumstances and

found that the husband is working as driver in the Tamil Nadu State

Transport Corporation and earning Rs.40,000/- per month. He has also

taken loans for purchase of TV and personal loans. The learned Family

Judge found that a sum of Rs.7,500/- would be proper maintenance for the

wife.

https://www.mhc.tn.gov.in/judis C.M.A.No.1696 of 2023

4. Mr.M.Marudhachalam, learned counsel appearing for the

appellant would vehemently contend that the Family Court has overlooked

the salary certificate which shows that the take home pay of the appellant is

only Rs.9,230/-.

5. The take home pay cannot be a sole criteria for determining the

quantum of maintenance. The husband has borrowed for purchase of TV

etc., and taken care to keep the take home pay at the lowest. Considering

today's cost of living, we do not think that the monthly maintenance of

Rs.7,500/- is exorbitant or unjust.

6. Hence, this Civil Miscellaneous Appeal is dismissed as devoid

of merits. No costs. Consequently, connected miscellaneous petition is

closed.

                                                                     (R.S.M.,J.)     (R.K.M.,J.)
                     dsa                                                      02.08.2023
                     Index                 :No
                     Internet              :Yes
                     Neutral Citation      :No
                     Speaking order

https://www.mhc.tn.gov.in/judis C.M.A.No.1696 of 2023

R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

dsa

To

The Additional Principal Family Judge, Coimbatore.

C.M.A.No.1696 of 2023 and C.M.P.No.16642 of 2023

02.08.2023

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