S.Rajkumar vs G.S.Sri Vidhyavathy
2023 Latest Caselaw 14228 Mad

                                                                              C.M.A(MD)No.1089 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 07.11.2023

                                                        CORAM:

                           THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
                                              AND
                               THE HONOURABLE MR.JUSTICE P.B.BALAJI

                                              C.M.A(MD)No.1089 of 2023
                                                       and
                                              C.M.P(MD)No.14960 of 2023

                     S.Rajkumar                                       ...Appellant

                                                        .vs.

                     G.S.Sri Vidhyavathy                              ...Respondent

                     PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the
                     Family Courts Act, 1984 to set aside the fair and decreetal order dated
                     made in I.A.No.1893 of 2022 in H.M.O.P.No.714 of 2019, on the file of
                     the Family Court, Madurai.
                                       For Appellant           :Mr.D.Devi Saravana Priya
                                       For Respondent          :Mr.J.Karmegakannan

                                                  JUDGMENT

************

[Judgment of the Court was made by RMT.TEEKAA RAMAN.,J.]

Mr.J.Karmegakannan, learned counsel takes notice for the

respondent / wife.

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.1089 of 2023

2. After hearing both parties, we find that the respondent / wife has

initially filed H.M.O.P.No.88 of 2018 for restitution of conjugal rights,

wherein, the appellant / husband has filed a memo stating that he is

willing to live with the respondent, however, the respondent / wife has

also withdrew the said application on 31.01.2019. Thereafter, the

respondent / wife filed another H.M.O.P.No.714 of 2019 before the

Family Court, Madurai for divorce on the ground of cruelty. Pending the

said HMOP, the appellant / husband filed an application in I.A.No.742 of

2022 for custody of the child and the same was allowed to the limited

extent. In the meanwhile, respondent / wife filed an application in

I.A.No.1893 of 2022 seeking interim maintenance. After contest, the

Family Judge, Madurai has granted an interim maintenance of Rs.3,000/-

to the wife and Rs.3,000/- to the minor son. Aggrieved against the said

order, the husband has filed the present appeal on the ground that at the

time, he was working as Software Engineer, however, after Covid-19 he

is at home and hence, the maintenance amount awarded by the Family

Court is exorbitant.

3. The learned counsel appearing for the respondent / wife

submitted that the respondent is working from home.

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.1089 of 2023

4. After perusing the discussions made by the learned Family

Judge, Madurai and also taking into consideration the various pleadings

contended and quantum of maintenance being awarded at Rs.3,000/- for

wife and Rs.3,000/- for minor son, we do not find any error that the said

amount is exorbitant as projected by the learned counsel for the

appellant. The quantum of maintenance granted by the Family Judge

appears to be just and fair and does not require any interference.

5. Accordingly, this Civil Miscellaneous Appeal is dismissed. No

costs. Consequently, connected miscellaneous petition is closed.

                                                           [T.K.R.,J.]       [P.B.B.,J.]
                                                                         07.11.2023
                     Index:Yes/No
                     Internet:Yes/No
                     NCC:Yes/No
                     am

                     To
                     The Family Court,
                     Madurai.

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.1089 of 2023

RMT.TEEKAA RAMAN,J.

AND P.B.BALAJI,J.

am

JUDGMENT MADE IN C.M.A(MD)No.1089 of 2023

07.11.2023

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