S.Karthikprakash vs P.Karthika
2023 Latest Caselaw 7079 Mad

                                                                                C.M.A.No.1290 of 2023

                                  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.1290 of 2023
                                                           and
                                                  C.M.P.No.12889 of 2023


                     S.Karthikprakash                                      ... Appellant
                                                            Vs.

                     P.Karthika                                            ... Respondent

                                  Civil Miscellaneous Appeal filed under Section 19 of the Family

                     Court Act r/w Section 28 of Hindu Marriage Act 1984 against the fair

                     and decreetal order passed in I.A.No.3 of 2022 in F.C.O.P.No.318 of

                     2021 dated 04.03.2023 on the file of Family Court, Erode

                                       For Appellant     : Mr.Deepanuday



                                                       JUDGMENT

This Civil Miscellaneous Appeal is directed against the order

dated 04.03.2023 in I.A.No.3 of 2022, in and by which, the interim

https://www.mhc.tn.gov.in/judis Page 1/4 C.M.A.No.1290 of 2023

maintenance of a sum of Rs.7,500/- per month is ordered to be paid by

the appellant to the respondent.

2. Learned counsel for the appellant would submit that though the

petitioner is a Siddha doctor, he is still preparing for P.G. examination.

In such circumstances, he does not have any wherewithal to pay the

maintenance.

3. We have considered the submission made by the learned

counsel for the appellant and perused the material records of the case.

4. The said stand was taken in the last year in the counter filed in

I.A.No.3 of 2022 and if still the petitioner is continuously preparing for

P.G. examination, then it is his look out. Secondly, the trial court has

also considered the said issue and considering the fact that the appellant

had not denied the fact that he is running the Herbocare Hospital, the

order of maintenance was passed. Though it is the submission of the

learned counsel for the appellant that the said Hospital is run by one

Selvaraj, still the appellant is a Siddha doctor and only the barest

minimum sum of Rs.7,500/- was ordered as maintenance. In such

circumstances, we find no merits in the Civil Miscellaneous Appeal.

Accordingly, the Civil Miscellaneous Appeal is dismissed. However,

https://www.mhc.tn.gov.in/judis Page 2/4 C.M.A.No.1290 of 2023

there shall be a direction to the trial Court to take up the main Original

Petition for disposal and dispose of the same at the earliest, 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 Family Court, Erode

https://www.mhc.tn.gov.in/judis Page 3/4 C.M.A.No.1290 of 2023

J. NISHA BANU, J.

and D.BHARATHA CHAKRAVARTHY,J.

vsi

C.M.A.No.1290 of 2023

26.06.2023

https://www.mhc.tn.gov.in/judis Page 4/4