Appeal by a husband challenging an order granting interim maintenance of Rs.1,500 to two children but rejecting the wife's claim. The High Court upheld the lower court's order as just and reasonable, dismissing the appeal.
The appeal and connected proceedings are dismissed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 17.03.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
and
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
R.Rajagobal
R.Bhuvaneswari
Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act against the order dated 29.1.2016 made in I.A.No.941 of 2015 in H.M.O.P.No.77 of 2015 on the file of the Family Court, Erode and District.
For Appellant : Mr.I.C.Vasudevan
(The Judgment of the Court was delivered by S.VAIDYANATHAN,J.)
This Civil Miscellaneous Appeal is filed by the appellant/husband challenging the order dated 29.1.2016 made in I.A.No.941 of 2015 in H.M.O.P.No.77 of 2015 on the file of the Family Court, Erode and District granting interim maintenance to the child.
The marriage between the appellant and the respondent was solemnized on 11.6.2000 and out of the said wedlock two children were born to them. Due to some misunderstanding between them, the appellant filed a petition in H.M.O.P.No.241 of 2007 before the Principal Sub Court, Erode, seeking divorce and the said petition was allowed exparte. Thereafter, both the appellant and respondent lived together for a period of five years. Subsequent to that, again there arose misunderstanding between the parties. Hence, the appellant filed a petition seeking divorce in H.M.O.P.No.77 of 2015. During the pendency of the said petition, the respondent/wife filed a petition in I.A.No.941 of 2015 seeking interim maintenance to herself and
her two children. The Family Court, after considering the submissions on both sides, ordered interim maintenance of Rs.1,500/- each to the two children, however rejected the relief with regard to the respondent/wife. Aggrieved by the said grant of interim maintenance, the appellant/husband is before this Court.
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
Copy to
The Judge, The Family Court, Erode and District.
C.M.A.No.503 of 2016 and C.M.P.No.4285 of 2016
ev(CO) srg(01/04/2016)
1 issue framed by the court
Whether the Family Court erred in granting interim maintenance to the children but not to the wife in a pending separation maintenance matter.
1 provisions across 1 enactments
R.Rajagobal
R.Bhuvaneswari
R.Sudhakar
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
