Mrs.V.Amudham vs V.Sivgnanam
2023 Latest Caselaw 7854 Mad

                                                                             CMA No.1095 of 2017

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 07.07.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                    and
                                  THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                  CIVIL MISCELLANEOUS APPEAL No.1095 of 2017
                                            and CMP No.5504 of 2017

                     1. Mrs.V.Amudham

                     2. S.Sathana
                        (Rep. by the mother guardian V.Amudham)
                                                       ... Petitioners/Respondents/Petitioners

                                                         -vs-

                     V.Sivgnanam                         ... Respondent/ Petitioner/Respondent



                     Civil Miscellaneous Appeal filed under Section 19 of the Family Court
                     Act, prayed to set aside the order dated 15.05.2014 in I.A.No.1539 of
                     2010 in H.M.O.P. No.543 of 2010 by the learned Family Judge,
                     Coimbatore.

                                     For Petitioners   : Mr.G.Ajay Raj
                                                         for M/s.B.Nedunchezhiyan

                                     For Respondent    : No appearance




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                                                                                 CMA No.1095 of 2017

                                                      JUDGMENT

[Judgment of the Court delivered by R.SUBRAMANIAN,J.] The Appeal is by the wife and the minor daughter challenging the

order dismissing the IA No.1539 of 2010, an application for interim

maintenance.

2. The husband had sued for divorce on the ground that the wife

has treated him with cruelty in OP No.543 of 2010. The wife was

resisting the same.

3. Pending the said original Petition, the wife sought for

maintenance at the rate of Rs.3,000/- per month each to the petitioners,

total sum of Rs.6,000/- towards interim maintenance, Rs.5,000/- towards

litigation expenses, Rs.5,000/- towards medical expenses and Rs.10,000/-

towards educational expenses of the minor. The learned Family Judge

rejected the petition on the finding that the wife is earning and her salary

is equal to that of the husband and therefore, she is not entitled to

maintenance. The learned Family Judge also found that the wife is

capable of maintaining herself and the minor daughter. The learned

Family Judge also gave a liberty to the wife file an Application under

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CMA No.1095 of 2017

Section 26 of the Hindu Marriage Act for the minor daughter.

4. We have heard the learned counsel appearing for the petitioners.

5. Though the learned counsel appearing for the petitioners would

vehemently contend that the learned Family Judge ought to have awarded

some maintenance at least to a minor daughter, we do not deem it proper

to interfere at this distant point of time, since we are informed that the OP

itself has been disposed of.

6. Hence the Appeal is dismissed. There shall be no order as to

costs. Consequently, the connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J .) (R.KALAIMATHI, J.) 07.07.2023 jv Index : No Internet : Yes Speaking order Neutral Citation:No

To

1. The Judge, Family Court, Coimbatore.

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

CMA No.1095 of 2017

R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

jv

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

CIVIL MISCELLANEOUS APPEAL No.1095 of 2017 and CMP No.5504 of 2017

07.07.2023

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