N.Hepzhiba vs P.Tennyson
2023 Latest Caselaw 7163 Mad

                                                                                C.M.A.No.1284 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 27.06.2023

                                                          CORAM

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

                                                  C.M.A.No.1284 of 2023
                                                          and
                                                  C.M.P.No.12725 of 2023

                     N.Hepzhiba                                                  ... Appellant
                                                            Vs.

                     P.Tennyson                                                  ... Respondent

                                  Petition filed under Section 55 of the Indian Divorce Act, 1869

                     against the fair and decree dated 16.02.2023 made in I.A.No.4 of 2022

                     in I.D.O.P.No.116 of 2020 on the file of the learned Principal District

                     Judge, Vellore.

                                       For Appellant     : Mr.R.Bhagawat Krishna

                                       For Respondent    : Mr.P.Kannan

                                                       JUDGMENT

This Civil Miscellaneous Appeal is filed against the order

16.02.2023 made in I.A.No.4 of 2022 in I.D.O.P.No.116 of 2020 on the

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file of the learned Principal District Judge, Vellore, whereby an

application filed by the appellant herein for interim maintenance was

partly allowed by erring the respondent to pay a sum of Rs.15,000/-

towards interim maintenance. Aggrieved by the quantum, wife is in

appeal, before this Court.

2.On perusal of the salary slip filed on behalf of the husband, it is

seen that he is getting a sum of Rs.61,708/- p.m., as salary. In that view

of the matter, ordering of Rs.15,000/- as interim maintenance to the

appellant is reasonable one and we do not find that the said amount is on

the lower side and is in consonance with the Judgment of the Hon'ble

Supreme Court in the case of Kalyan Dey Chowdhury Vs. Rita Dey

Chowdhury Nee Nandy 1. Therefore, finding no merits in the Civil

Miscellaneous Appeal, the same shall stands dismissed. No costs.

Consequently connected miscellaneous petition is closed.

                                                                         (J.N.B,J.)      (D.B.C, J.)
                     Jer                                                        27.06.2023

                     1 (2017) 14 SCC 200

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Index : Yes / No Internet : Yes / No Speaking order/Non-speaking order Neutral citation : Yes / No

To The Principal District Judge, Vellore.

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J. NISHA BANU, J.

and D.BHARATHA CHAKRAVARTHY,J.

Jer

C.M.A.No.1284 of 2023 and C.M.P.No.12725 of 2023

27.06.2023

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