L.Maruthappan vs Jeyachithra
2023 Latest Caselaw 5326 Mad

                                                                     C.M.A.(MD) No.472 of 2023


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 02.06.2023

                                                     CORAM:

                             THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                               and
                            THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                            C.M.A.(MD) No.472 of 2023
                                                       and
                                            C.M.P.(MD) No.5929 of 2023


              L.Maruthappan                                                         ... Appellant
                                                        -vs-

              Jeyachithra                                                           ... Respondent


                           Civil Miscellaneous Appeal filed under Section 19(1) of Family Courts

              Act, 1984, praying to set aside the fair and decreetal order dated 20.09.2021,

              passed in I.A.No.532 of 2018 in H.M.O.P.No.398 of 2016, by the Family Court,

              Trichy.


                           For Appellant       : Mr.T.Lenin Kumar


                                                 JUDGMENT

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

The order under challenge is the order granting interim

maintenance at Rs.5,000/- per month payable by the husband / appellant to

his wife / respondent.

____________

https://www.mhc.tn.gov.in/judis C.M.A.(MD) No.472 of 2023

2. Admittedly, the appellant's gross salary is about Rs.44,000/-.

He would claim that his take home pay is only Rs.13,000/-. It is because of

his own borrowings, his take home pay has been reduced, which cannot be a

ground to deny maintenance to his wife. Even this Rs.5,000/-, in our opinion,

would be just about sufficient for the respondent / wife to maintain herself,

considering the today's cost of living. Hence, we do not find any ground to

interfere with the impugned order passed by the Family Court. Hence, this

civil miscellaneous appeal fails and it is dismissed.

3. The Family Court, Trichy, is required to dispose of H.M.O.P.No.

398 of 2016, within a period of eight months from the date of receipt of a copy

of this order. No costs. Consequently, connected miscellaneous petition is

closed.

                                                          [R.S.M., J.]           [L.V.G., J.]
                                                                    02.06.2023
              NCC      : Yes / No
              Index : Yes / No
              Internet : Yes / No

              krk




                ____________

https://www.mhc.tn.gov.in/judis C.M.A.(MD) No.472 of 2023

To:

1.The Judge, Family Court, Trichy.

2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

____________

https://www.mhc.tn.gov.in/judis C.M.A.(MD) No.472 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

krk

C.M.A.(MD) No.472 of 2023 and C.M.P.(MD) No.5929 of 2023

02.06.2023

____________

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