M.L.Arivazhagan vs P.Valarmathi
2023 Latest Caselaw 9788 Mad

                                                                            CMA No.1054 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 07.08.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                and
                           THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                  CIVIL MISCELLANEOUS APPEAL No.1758 of 2023
                                            and CMP No.17237 of 2023


                     M.L.Arivazhagan                             ... Appellant/Respondent

                                                        -vs-


                     1. P.Valarmathi

                     2. A. Srividhya (minor)
                        Rep. by her mother and
                        natural guardian P.Valarmathi            ... Respondents/ Petitioners


                     Civil Miscellaneous Appeal filed under Section 19 of the Family Courts
                     Act, prayed to set aside the order dated 25.05.2023 passed by the learned
                     III Additional Principal Family Court, Chennai in I.A.No.1 of 2023 in
                     H.M.O.P.No.3135 of 2022.

                                     For Appellant   : Mr.B.Balaji




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

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                                                                                    CMA No.1054 of 2023




                                                       JUDGMENT

[Judgment of the Court delivered by V.LAKSHMINARAYANAN,J.] This is an Appeal by the husband against the order of the interim

maintenance granted by the III Additional Principal Family Court at

Chennai, in IA No.1 of 2023 in HMOP No.3135 of 2022 .

2. The respondent wife had filed the petition under Section 24 of

the Hindu Marriage Act, claiming Rs.15,000/- per month for herself and

Rs.10,000/- per month for the minor girl child and Rs.50,000/- towards

the litigation expenses. The husband is working as Master Chef and he is

also claiming to do freelancer work.

3. The affidavit of assets filed as per the direction of the Hon’ble

Supreme Court states that the husband is earning about Rs.1000/- per

day, but the learned counsel for the appellant would allege that he is

working only for 15 days, the other 15 days he is not working. The

learned Family Court went through the affidavit of the husband and came

to the conclusion as follows:

(i) He has failed to maintain the wife and the https://www.mhc.tn.gov.in/judis

CMA No.1054 of 2023

daughter;

(ii) On account of the failure he is liable to pay

maintenance;

(iii) It had granted Rs.10,000/- as maintenance

towards the wife and Rs.5,000/- towards the maintenance of

the child; and

(iv) It has also directed payment of Rs.50,000/-

towards litigation expenses to the wife.

assailing this order, the husband is on Appeal before us.

4. The learned counsel for the appellant would submit that the

appellant had undergone Hernia operation and therefore, he is not in a

position to pay the maintenance. Hernia operation is a one time

operation and is not a recurring expense. Apart from that sickness of the

husband cannot be a ground to deny maintenance towards the wife and

minor child, who in the present case happens to be a girl child. The

husband has not produced a income certificate before the Court to

substantiate that he is earning only Rs.15,000/- per month. The Family

Court has also taken into consideration that the wife is staying in her own

accommodation. It has also recorded the fact that the husband is doing https://www.mhc.tn.gov.in/judis

CMA No.1054 of 2023

catering business apart from being a Chef.

5. Being the discretionary order and the amount not being

unreasonable, we are not inclined to interfere with the Appeal. The

Appeal is dismissed. No costs. Consequently, the connected

miscellaneous petition is closed.

(R.SUBRAMANIAN, J .) (V.LAKSHMINARAYANAN , J.) 07.08.2023 jv Index : No Internet : Yes Speaking order Neutral Citation: No

To

1. The III Additional Principal Family Court, Chennai.

2. The Section Officer, V.R. Section, Madras High Court, Chennai 104.

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

CMA No.1054 of 2023

R.SUBRAMANIAN, J.

and V.LAKSHMINARAYANAN , J.

jv

CIVIL MISCELLANEOUS APPEAL No.1758 of 2023 and CMP No.17237 of 2023

07.08.2023

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