M.Vijayakumar vs S.Madheshwari
2023 Latest Caselaw 8984 Mad

                                                                             C.M.A.No.1573 of 2023
                                                                          and CMP.No.15819 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 25.07.2023

                                                         CORAM

                                  THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN
                                                     and
                                  THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI

                                                C.M.A.No.1573 of 2023
                                              and CMP.No.15819 of 2023

                    M.Vijayakumar
                                                                                     ... Appellant
                                                           Vs.
                    S.Madheshwari
                                                                                  ... Respondent

                    Prayer: Civil Miscellaneous Appeal filed under Section 19(1) of the

                    Family Court Act, 1984, praying to set aside the fair and decreetal Order

                    dated 19.10.2022 passed in I.A.No.1 of 2022 in HMOP.No.284 of 2020 on

                    the file of the Additional Principal Family Judge, Coimbatore.



                                    For Appellant      : Mr.M.Marudhachalam
                                    For Respondent     : Mr.J.Franklin

                                                          *****




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                                                                                C.M.A.No.1573 of 2023
                                                                             and CMP.No.15819 of 2023


                                                    JUDGMENT

[Judgment of the Court was delivered by R.SUBRAMANIAN, J]

Challenge in this appeal is to the order of the Family Court,

Coimbatore granting a sum of Rs.9,000/- as interim maintenance to the

wife.

2. HMOP.No.284 of 2020 was filed by the husband seeking divorce

under Section 13(1) (ia) and (ib) of The Hindu Marriage Act. Pending the

said petition, the wife sought for interim maintenance. Taking into account

the income of the husband, who is admittedly working as a police

constable, the Family Court, Coimbatore fixed the interim maintenance

payable at Rs.9,000/- per month.

3. The learned counsel for the appellant would submit that the wife is

living with his parents in the matrimonial house and therefore, she is not

entitled to maintenance.

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4. It is true that the wife has in her affidavit admitted that she is living

with her in-laws in the matrimonial house. She has also added that they are

maintaining her with great difficulty. We are therefore, unable to fault the

Family Court, Coimbatore for having granted interim maintenance.

5. Considering the employment of the husband and his salary, we are

unable to interfere with the quantum of maintenance fixed by the Family

Court. This Appeal therefore fails and accordingly dismissed. There shall

be no order as to costs. Consequently, connected miscellaneous petition is

also closed.

                                                                             (R.S.M.J.,) (R.K.M.J.,)
                                                                                    25.07.2023
                    Index              : No
                    Internet           : Yes
                    Speaking order: Yes
                    Neutral Citation Case :No
                    kmi
                    To

1. The Additional Principal Family Court, Coimbatore.

2. The Section Officer, VR Section High Court, Madras.

Page No.3/4 https://www.mhc.tn.gov.in/judis C.M.A.No.1573 of 2023 and CMP.No.15819 of 2023

R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

kmi

C.M.A.No.1573 of 2023 and CMP.No.15819 of 2023

25.07.2023

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