S.Shibu vs P.Anitha
2023 Latest Caselaw 1485 Mad

                                                                                     C.M.A.No.267 of 2023

                                     THE HIGH COURT OF JUDICATURE AT MADRAS
                                                     DATED: 07.02.2023
                                                          CORAM:
                                THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                  AND
                             THE HONOURABLE MRS.K.GOVINDARAJAN THILAKAVADI

                                                   C.M.A.No.267 of 2023
                                                           and
                                                   C.M.P.No.2016 of 2023

                     S.Shibu                                                               ...Appellant
                                                             Vs.

                     P.Anitha                                                           ...Respondent

                     Prayer: Civil Miscellaneous Appeal filed under Section 19 r/w. Section 55 of
                     the Indian Divorce Act, against the fair and decreetal order in I.A.No.263 of
                     2022 in I.D.O.P.No.339 of 2021 dated 14.10.2022 on the file of the Family
                     Court, Cuddalore.
                                             For Appellant         : Mr.K.G.Senthilkumar



                                                      JUDGMENT

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

passed in I.A.No.263 of 2022 in I.D.O.P.No.339 of 2021 dated 14.10.2022.

2.The husband sought for divorce under Section 10(1)(x) of the

https://www.mhc.tn.gov.in/judis C.M.A.No.267 of 2023

Indian Divorce Act. Pending the same, wife filed I.A.No.263 of 2022

seeking interim maintenance. Both the parties did not file their affidavits of

assets and liabilities. However, the wife averred that the husband is

employed as a Teacher and he is also having other income and therefore, he

should be directed to pay a sum of Rs.25,000/- per month as interim

maintenance. The Trial Court, upon consideration of the material on records

fixed a sum of Rs.4,000/- as interim maintenance. Aggrieved by the order,

the husband is on appeal. The wife seems to have accepted the order.

3.We have heard Mr.K.G.Senthilkumar, learned counsel appearing

for the appellant.

4.Mr.K.G.Senthilkumar would contend that in the absence of

affidavits of assets and liabilities, the Trial Court was not right in fixing the

maintenance at Rs.4,000/-. However, before us the husband has produced

his salary certificate where it is shown that he is drawing a salary of

Rs.10,950/-.

https://www.mhc.tn.gov.in/judis C.M.A.No.267 of 2023

5.Considering the same, we are unable to fault the Trial Court for

having awarded a sum Rs.4,000/- towards maintenance. In today's cost of

living even Rs.4,000/- could be termed as inadequate. Hence, we do not

propose to entertain this appeal. This appeal therefore fails, and it is

accordingly, dismissed. No costs. Consequently, connected miscellaneous

petition is closed.

                                                                      (R.S.M.,J.)    (K.G.T.,J.)
                                                                              07.02.2023
                     kkn

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                     To:-

                        The Family Court,
                        Cuddalore.

https://www.mhc.tn.gov.in/judis C.M.A.No.267 of 2023

R.SUBRAMANIAN, J.

and K.GOVINDARAJAN THILAKAVADI, J.

KKN

C.M.A.No.267 of 2023 and C.M.P.No.2016 of 2023

07.02.2023

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