S.Shibu vs P.Anitha
2023 Latest Caselaw 1280 Mad

                                                                                      C.M.A.No.217 of 2023

                                     THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 01.02.2023
                                                         CORAM:
                            THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                              AND
                      THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                  C.M.A.No.217 of 2023
                                                          and
                                                  C.M.P.No.1698 of 2023

                     S.Shibu                                                                ...Appellant
                                                             Vs.

                     P.Anitha                                                  ...Respondents
                     Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family

                     Courts Act, against the fair and decreetal order dated 22.08.2022 made in

                     I.A.No.2 of 2020 in HMOP.No.731 of 2018 on the file of the learned

                     Additional Family Court, Coimbatore.

                                             For Appellant         : Mr.N.Manoharan


                                                     JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.) Challenge in this appeal is to the order of the Family Court,

direcrting payment of interim maintenance at the rate of Rs.7,500/- per month

from the date of petition till date of the order and Rs.10,000/- per month

https://www.mhc.tn.gov.in/judis C.M.A.No.217 of 2023

thereafter. The husband, who has been directed to pay the maintenance is on

appeal.

2.The learned counsel appearing for the appellant would

vehemently contend that the appellant is a retired Air Force personnel

receiving a pension of Rs.19,500/- only and therefore, award of Rs.10,000/-

towards maintenance for the wife is on the higher side. But, the appellant in

his additional counter affidavit filed before the Family Court had accepted

that he received retirement benefits to the tune of Rs.25,00,000/- and he has

given an account for spending Rs.19,00,000/- out of that amount. The

learned counsel would also submit that now he is working as a driver. He

would be earning atleast a minimum of Rs.10,000/- as salary for his work as a

driver.

3.Therefore, we do not think the order passed by the learned

Family Judge, directing payment of maintenance as aforesaid could be termed

unreasonable. We do not see any reason to interfere with the order. This

Civil Miscellaneous Appeal fails and it is accordingly, dismissed. No costs.

https://www.mhc.tn.gov.in/judis C.M.A.No.217 of 2023

Consequently, connected miscellaneous petition is closed.

                                                                     (R.S.M.,J.)     (S.S.K.,J.)
                                                                             01.02.2023
                     kkn


                     Internet:Yes/No
                     Index:Yes/No
                     Speaking/Non-speaking order


                     To:-

                        The Additional Family Court,
                        Coimbatore.

https://www.mhc.tn.gov.in/judis C.M.A.No.217 of 2023

R.SUBRAMANIAN, J.

and SATHI KUMAR SUKUMARA KURUP, J.

KKN

C.M.A.No.217 of 2023 and C.M.P.No.1698 of 2023

01.02.2023

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