Selvin Prasath vs D.Sumathi
2023 Latest Caselaw 6223 Mad

                                                                         C.M.A.(MD) No.527 of 2023


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 14.06.2023

                                                            CORAM:

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

                                                   C.M.A.(MD) No.527 of 2023
                                                              and
                                                   C.M.P.(MD) No.6720 of 2023

                 Selvin Prasath                                                         ... Appellant

                                                              -vs-

                 D.Sumathi                                                              ... Respondent


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

                 Court Act, praying to set aside the fair and decreetal order dated 30.01.2023,

                 passed in I.A.No.3 of 2022 in D.O.P.No.146 of 2022, by the Family Court,

                 Kanyakumari District.

                                   For Appellant      : Mr.C.Susikumar

                                                        JUDGMENT

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

The order under challenge in this civil miscellaneous appeal is one

granting interim maintenance to the respondent / wife at the rate of

Rs.10,000/- per month.

____________

https://www.mhc.tn.gov.in/judis C.M.A.(MD) No.527 of 2023

2. Though the learned counsel for the appellant / husband would

contend that the appellant is not having any permanent job since covid

lockdown and therefore, the quantum fixed by the Family Court is on the

higher side, we are unable to accept the said contention, in view of the present

day cost of living and the wages that are being paid to the casual workers.

Even assistants to mason are being paid Rs.500/- per day. Unskilled workers

are also paid a similar salary everyday. We, therefore, do not think that the

grant of Rs.10,000/- as monthly maintenance to the respondent could be

interfered with. Hence, this civil miscellaneous appeal fails and it is

accordingly dismissed. No costs. Consequently, connected miscellaneous

petition is closed.

                                                             [R.S.M., J.]           [L.V.G., J.]
                                                                      14.06.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk

                 To:
                 1.The Judge,
                   Family Court,
                   Kanyakumari District.

                 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.527 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

krk

C.M.A.(MD) No.527 of 2023 and C.M.P.(MD) No.6720 of 2023

14.06.2023

____________

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