Madras High Court
C.Nandagopal vs Hemalatha on 26 June, 2023
C.M.A.No.1264 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.1264 of 2022
and
C.M.P.No.9224 of 2022
C.Nandagopal ... Appellant
Vs.
Hemalatha ... Respondent
Civil Miscellaneous Appeal filed under Section 55 of the Indian
Divorce Act against the judgement and decree dated 22.04.2022 passed
in I.A.No.1 of 2020 in H.M.O.P.No.1609 of 2019 by the learned
Additional Principal Family Judge, Coimbatore.
For Appellant : Mr.V.S.Rajaram
For Respondent : Mr.Ma.P.Thangavel
https://www.mhc.tn.gov.in/judis
Page 1/5
C.M.A.No.1264 of 2022
JUDGMENT
This Civil Miscellaneous Appeal is directed against the order
dated 22.04.2022 in I.A.No.1/2020 in H.M.O.P.No.1609/2019 passed by
the learned Additional Principal Family Judge Coimbatore, in and by
which, the petition filed by the respondent/wife for interim maintenance
has been partly allowed by directing the appellant to pay a sum of
Rs.15,000/- per month as interim maintenance.
2. Heard Mr.V.S.Rajaram, learned counsel for the appellant and
Mr.Ma.P.Thangavel, learned counsel for the respondent.
3. Learned counsel for the appellant would submit that in this
matter, even though, the earlier petition for restitution for conjugal rights
was disposed of in the Lok Adalat wherein, the respondent/wife had
given an undertaking to change her attitude and live amicably with the
appellant. Inspite of the undertaking, she did not change her attitude and
as a matter of fact from the matrimonial home, which is a rented house,
she only chased away the appellant and therefore, he would submit that
in view of the said behaviour of the respondent/wife, awarding interim
maintenance was not called for.
4. Mr.Ma.P.Thangavel, learned counsel appearing on behalf of the
https://www.mhc.tn.gov.in/judis
Page 2/5
C.M.A.No.1264 of 2022
respondent would submit that this appeal is against the order of interim
maintenance and after considering both sides assets and liabilities, the
said sum has been awarded.
5. We have considered the rival submissions and perused the
material records of the case.
6. The appeal is against the order of interim maintenance.
Therefore, the merits or otherwise of the allegations made by the parties
against each other are not the relevant factor. The only consideration is
as to whether or not the respondent/ wife is unable to sustain herself and
if so, how much is the minimum sum which is required to sustain herself.
In that view of the matter, we find that the respondent/ wife is unable to
sustain herself and finding that the husband is earning a sum of
Rs. 68,000/- per month as per his affidavit of assets and liability, the trial
Court has ordered to pay a sum of Rs.15,000/- per month which is in
order as per the decision of the Hon'ble Supreme Court reported in
2017(14) SCC 200 (Kalyan Dey Chowdhury v. Rita Dev Chowdhury
Nee Nandy), which is lesser than 25% of the appellant's salary.
7. Therefore, we find no merits in the Appeal. Accordingly, the
Civil Miscellaneous Appeal is dismissed. The trial Court is directed to
https://www.mhc.tn.gov.in/judis
Page 3/5
C.M.A.No.1264 of 2022
take up the main H.M.O.P.No.1609 of 2019 for disposal and dispose of
the same as expeditiously as possible, in any event, not later than six
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 Additional Principal Family Judge,
Coimbatore.
https://www.mhc.tn.gov.in/judis
Page 4/5
C.M.A.No.1264 of 2022
J. NISHA BANU, J.
and
D.BHARATHA CHAKRAVARTHY,J.
vsi
C.M.A.No.1264 of 2022
26.06.2023
https://www.mhc.tn.gov.in/judis
Page 5/5
