Madras High Court
Dinesh Kumar vs Amrita Varshini on 11 September, 2023
C.M.A.No.2147 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2023
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.M.A.No.2147 of 2023
and
C.M.P.No.20764 of 2023
Dinesh Kumar ...Appellant
Vs.
Amrita Varshini ...Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family
Courts Act, 1984, against the fair and decreetal order dated 04.07.2023
made by the learned Judge, Family Court, Villupuram in I.A.No.638 of 2022
in H.M.O.P.No.34 of 2022.
For Appellant : Mr.Arun Sabari
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1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.2147 of 2023
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
Challenge in this appeal is to the interim maintenance granted at
Rs.25,000/- per month.
2. The appellant/ husband had sought for divorce under Section
13(1)(i-a) and (i-b) of the Hindu Marriage Act in HMOP.No.34 of 2022.
Pending the said Original Petition, the wife filed the application for interim
maintenance under Section 24 of the Hindu Marriage Act seeking a sum of
Rs.75,000/- towards monthly maintenance and Rs.2,00,000/- for litigation
expenses. The wife contended that the husband was gainfully employed in
Canada and has various business activities along with his father. It is also
contended that he has got valuable assets and Fixed Deposits in Banks and
Financial Institutions.
3. The claim was resisted by the husband contending that he has
quit his job in order to prepare for TNPSC examinations. It was also
claimed that the wife's father owns considerable land in Tamil Nadu and
https://www.mhc.tn.gov.in/judis
C.M.A.No.2147 of 2023
therefore she can maintain herself. The fact that he was employed in
Canada was admitted and it was claimed that he had come back because of
the wife's insistence.
4. It will not be out of place to point out that there is a child also
born to the appellant and the respondent. The learned Family Judge upon
evaluation of the evidence on record found that the husband was working in
South India Drugs Export Laboratory Private Limited at Chennai from
November 2016 to August 2020 and has been working as Quality Analyst at
Gardein Delta, British Columbia since 03.02.2022. The husband's claim
that he has resigned the job and preparing for TNPSC examinations was
also taken note of by the learned Family Judge. Upon consideration of the
entire evidence, the learned Family Judge fixed a sum of Rs.25,000/- per
month as interim maintenance. Aggrieved, the husband is before us by way
of this appeal.
5. We have heard Mr.Arun Sabari, learned counsel appearing for
the appellant.
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C.M.A.No.2147 of 2023
6. Mr.Arun Sabari, learned counsel appearing for the appellant
would vehemently contend that since the appellant has no job as of today
the maintenance granted at Rs.25,000/- is highly excessive. According to
him, the wife has got several properties and her father is a very rich person.
He would therefore contend that the quantum of maintenance should be
reduced.
7. We are unable to accept the argument of the learned counsel for
the appellant. If the appellant could resign his job and prepare for Group I
and Group II examinations of TNPSC, it shows that he is very well of and
does not need salary. His father is a Doctor. He has got valuable immovable
properties at Villupuram. The arguments of the learned counsel that since
the husband has resigned his job the maintenance should be reduced cannot
be accepted, because the resignation was not for necessity, it was for the
luxury of preparing for TNPSC Examinations. Hence, we do not find any
reason to interfere with the order of the learned Family Judge in granting
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C.M.A.No.2147 of 2023
Rs.25,000/- as monthly maintenance.
8. The appeal therefore fails and it is accordingly dismissed. No
costs. Consequently, the connected miscellaneous petition is closed.
(R.S.M.,J.) (R.K.M.,J.)
dsa 11.09.2023
Index :No
Internet :Yes
Neutral Citation :No
Speaking order
To
The Judge, Family Court, Villupuram.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2147 of 2023
R.SUBRAMANIAN, J.
and
R.KALAIMATHI, J.
dsa
C.M.A.No.2147 of 2023
and
C.M.P.No.20764 of 2023
11.09.2023
https://www.mhc.tn.gov.in/judis
