B.Charles Irudaya Raj vs P.Manila @ Nancy
2023 Latest Caselaw 7862 Mad

                                                                               C.M.A.No.1352 of 2023

                                   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

                                              C.M.A.No.1352 of 2023
                                                       and
                                              C.M.P.No.13573 of 2023


                     B.Charles Irudaya Raj                                            ...Appellant

                                                         Vs.

                     P.Manila @ Nancy                                                ...Respondent


                     Prayer: Civil Miscellaneous Appeal filed under Section 55 of the Indian

                     Divorce Act, against the fair and decreetal order dated 31.03.2023 in

                     I.A.No.2 of 2020 in O.P.No.631/2019 on the file of the VII-Additional

                     Family Court, Chennai.

                                         For Appellant         : Mr.K.Chandrakumar




                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                    C.M.A.No.1352 of 2023



                                                       JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.) The present appeal is at the instance of the husband, challenging

the order of interim maintenance granted by the Family Court at Rs.25,000/-

per month.

2.We have heard Mr.K.Chandrakumar, learned counsel appearing

for the appellant.

3.Mr.K.Chandrakumar, learned counsel appearing for the

appellant would vehemently contend that the quantum is exorbitant,

considering the fact that there are no children born out of the marriage and it

is only for the wife. We are not in a position to agree with the learned

contention made by the learned counsel for the appellant. Admittedly, the

husband is employed in Quatar and he is a Diploma holder in Electronics

and Electrical Engineering. Even in the affidavit, he has averred that he is

earning about 2,500 Quatar Dirams. We are sure that it is not the actual

figure.

https://www.mhc.tn.gov.in/judis C.M.A.No.1352 of 2023

4.Considering the designation and qualification of the appellant,

we do not think, grant of Rs.25,000/- per month as interim maintenance

could be said to be on the higher side. This Civil Miscellaneous Appeal

therefore, fails and it is accordingly, dismissed. No costs. Consequently,

connected miscellaneous petition is closed.

                                                                     (R.S.M.,J.)     (R.K.M.,J.)
                                                                              07.07.2023
                     kkn
                     Internet:Yes/No
                     Index:Yes/No

Speaking/Non-speaking order Nuetral Citation : Yes/No

https://www.mhc.tn.gov.in/judis C.M.A.No.1352 of 2023

R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

KKN

To:-

The VII-Additional Family Court, Chennai.

C.M.A.No.1352 of 2023 and C.M.P.No.13573 of 2023

07.07.2023

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