V. R. Ilayaraja vs Arulmathi
2023 Latest Caselaw 3521 Mad

                                                                               C.M.A.No.787 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 30.03.2023

                                                        CORAM

                             THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
                                                AND
                      THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI

                                               C.M.A.No.787 of 2023

                V. R. Ilayaraja                                              ... Appellant

                                              versus

                Arulmathi                                               ... Respondent

                PRAYER: Civil Miscellaneous Appeal filed against the order and decreetal
                order dated 10.02.2023 on the file of the Family Court, Thiruvallur


                          For the Appellant        :     Mr. T. Shanmugam




                                                       JUDGMENT

(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)

The appellant has preferred the appeal as against the order passed

in I.A.No. 3 of 2022 in H.M.O.P. No. 242 of 2021, directing the appellant

to pay a sum of Rs. 5,000/- per month to the respondent herein as

interim maintenance.

2. According to the appellant, he is a daily wage labourer and with

his income, he has to take care of his mother and younger brother, as https://www.mhc.tn.gov.in/judis his father had died. The appellant's mother is a diabetic patient.

C.M.A.No.787 of 2023

Therefore, he has to meet her medical expenses, due to which, he is

spending a major portion of his income towards her medical expenses.

3. The appellant has further stated that the Court below has failed

to consider the contention of the appellant that the respondent herein is

working in a private sector and earning a sum of Rs. 20,000/- per

month, and is getting sufficient income. Therefore, the Court below has

presumed that the respondent is not having sufficient income to

maintain herself. In view of this, the Court below has awarded a sum of

Rs. 5,000/- per month as interim maintenance to the respondent herein.

Aggrieved by the said order passed by the lower Court, the appellant

has preferred the above appeal.

4. On perusal of the order, it is found that the appellant has not

placed any material on record to prove his allegation that the respondent

is employed and earning sufficient income. Therefore, we are view that

there is no valid ground raised in the appeal warranting interference,

with the order passed by the Court below. Therefore, we are not inclined

to entertain the appeal. Consequently, the civil miscellaneous appeal

stands dismissed. C.M.P.No. 7262 of 2023 is closed. No costs.

                                                                (D.K.K., J.)  (K.G.T., J.)
                                                                        30.03.2023
               Index                   : Yes / No
               Neutral        Citation
https://www.mhc.tn.gov.in/judis        : Yes/No
               mrn


                                                     C.M.A.No.787 of 2023


                To
                The Judge, Principal Family Court,
                Thiruvallur

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

C.M.A.No.787 of 2023

D.KRISHNAKUMAR, J.

and K.GOVINDARAJAN THILAKAVADI , J.

(mrn)

C.M.A.No.787 of 2023

https://www.mhc.tn.gov.in/judis 30.03.2023