Anand vs A.Sivagami
2023 Latest Caselaw 7073 Mad

                                                                                 C.M.A.No.1038 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 26.06.2023

                                                          CORAM

                           THE HON'BLE MRS. JUSTICE J.NISHA BANU
                                            AND
                     THE HON'BLE MR. JUSTICE D.BHARATHACHAKRAVARTHY

                                                  C.M.A.No.1038 of 2022
                                                          and
                                                  C.M.P.No.7659 of 2022


                     Anand                                           ... Appellant
                                                            Vs.

                     A.Sivagami                                      ... Respondent

                                  Civil Miscellaneous Appeal filed under Section 19 of the Family

                     Court Act against the order dated 20.01.2022 made in I.A.No.2 of 2021

                     in H.M.O.P.No.24 of 2017 on the file of Additional principal Family

                     Curt, Coimbatore.

                                       For Appellant     : Mr.T.Gopinath

                                       For Respondent     : Ms.G.Keerthana




                                                       JUDGMENT

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This Civil Miscellaneous Appeal is directed against the order of

the Additional Principal Family Court, Coimbatore, dated 20.01.2022 in

I.A.No.2 of 2021 in H.M.O.P.No.24 of 2017, in and by which, the prayer

of the interim maintenance of the respondent/wife was partly allowed

and the appellant was directed to pay a sum of Rs.7,500/- per month and

litigation expenses of Rs.10,000/-.

2. Heard, Mr.T.Gobinath, learned counsel for the appellant and

Ms.G.Keerthana, learned counsel for the respondent.

3. Learned counsel for the appellant would submit that in this case

the respondent/wife was set exparte and after the decree was passed, the

appellant got remarried and he has got three children out of the wedlock.

Therefore, with a meagre income as a commission agent, he finds it

difficult to maintain the second family and that a sum of Rs.7,500/- is on

the higher side and therefore, would pray that the said sum may be

reduced.

4. Per contra, the learned counsel for the respondent would submit

that when the appellant is working as a commission agent and is earning

adequately, only a sum of Rs.7,500/- was ordered which itself is on the

lower side.

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5. We have considered the submission made on either side and

perused the material records of the case.

6. We find that when the marital relationship is admitted and the

respondent/wife is unable to maintain herself and when the exparte order

is set aside, only a sum Rs.7,500/- per month was ordered as

maintenance. This cannot be a case for further reduction or interference.

However, considering the facts and circumstances, this Civil

Miscellaneous Appeal is dismissed, with a direction to the trial Court to

take up the main H.M.O.P.No.24 of 2017 for disposal and dispose of the

same as expeditiously as possible, in any event, not later than three

months from the date of receipt of a copy of this order. There shall be no

order as to costs. Consequently, connected miscellaneous petition is

closed.

                                                                         (J.N.B,J.)    (D.B.C, J.)
                     Index              : Yes / No                             26.06.2023
                     Internet           : Yes
                     vsi

                     To

                     The Family Court,
                     Erode.

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J. NISHA BANU, J.

and D.BHARATHA CHAKRAVARTHY,J.

vsi

C.M.A.No.1038 of 2022

26.06.2023

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