Imrankhan vs Majitha Nasrin
2023 Latest Caselaw 8064 Mad

                                                                               C.M.A.No.1349 of 2023

                                   THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 11.07.2023
                                                     CORAM:
                                  THE HONOURABLE MR JUSTICE R.SUBRAMANIAN
                                                   AND
                                   THE HONOURABLE MRS JUSTICE R.KALAIMATHI

                                              C.M.A.No.1349 of 2023
                                                       and
                                              C.M.P.No.13538 of 2023

                     Imrankhan                                                       ...Appellant
                                                         Vs.

                     1.Majitha Nasrin

                     2.Rayeesa Thansim (Minor)
                       Rep. By her Mother Natural Guardian,
                       Majitha Nasrin                                            ...Respondents


                     Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family

                     Courts Act, 1984, against the fair and decreetal order dated 04.02.2022

                     made in I.A.No.1 of 2020 in O.S.No.261 of 2019 passed by the IV-

                     Additional Principal Judge, Family Court, Chennai.

                                         For Appellant         : Mr.A.K.M.Samsu Nihar




                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                     C.M.A.No.1349 of 2023

                                                       JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.) The appellant challenges the order granting interim maintenance at

Rs.10,000/- each for his wife and minor child.

2.The respondent / wife has laid a suit in O.S.No.261 of 2019

seeking restitution of conjugal rights. Pending the said suit, the wife and the

minor daughter filed I.A.No.1 of 2020, seeking interim maintenance of

Rs.30,000/- per month. The appellant remained exparte before the Trial

Court. The learned Trial Judge, considering the averments in the

application, granted Rs.10,000/- each as interim maintenance.

3.The learned counsel for the appellant would contend that the

appellant is running a refrigeration service centre in the name and style of

Rim Refrigeration at Karapakkam, Chennai and his income is only about

Rs.20,000/- per month and therefore, the award of Rs.20,000/- per month as

interim maintenance is exorbitant. He would also rely upon the income tax

returns filed by him for the assessment years 2019-2020.

https://www.mhc.tn.gov.in/judis C.M.A.No.1349 of 2023

4.A perusal of the said income tax returns shows that the

appellant's annual income is about Rs.3,67,170/-, which is almost

Rs.30,000/- per month. In the light of the above, we do not think that grant

of Rs.10,000/- each for the wife and minor child as interim maintenance

could be faulted. This Civil Miscellaneous Appeal therefore, fails and it is

accordingly, dismisssed. No costs. Consequently, connected miscellaneous

petition is closed.

                                                                  (R.S.M.,J.)     (R.K.M.,J.)
                                                                           11.07.2023
                     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.1349 of 2023

R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

KKN

To:-

The IV-Additional Family Court, Chennai.

C.M.A.No.1349 of 2023 and C.M.P.No.13538 of 2023

11.07.2023

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