S.Aravid v. Sowmiya
Case brief
What is this about?
The High Court dismissed an appeal against an interim maintenance order of Rs.10,000 awarded to the wife. The Court held that mere unproven claims by the husband did not justify setting aside the Family Court's discretion, and the wife was entitled to a reasonable standard of living.
What did the court decide?
The Civil Miscellaneous Appeal is dismissed. The Family Court is directed to dispose of FCOP No.135 of 2017 on merits within six months.
What the court decided
In the High Court of Judicature at Madras
The Honourable Mr.Justice R.SUBBIAH
and
The Hon'ble Mr.Justice P.D.AUDIKESAVALU
S.Aravind ..Appellant/ Petitioner
Sowmiya ..Respondent/ Respondent
Civil Miscellaneous Appeal has been filed under Section 19 (1) of the Family Courts Act, 1984, against the order dated 19.09.2017 passed in I.A.No.552 of 2017 in F.C.O.P.No.135 of 2017 on the file of the Family Court, Erode, Erode District.
For Appellant : Mr.M.Mariappan For Respondent : Mr.Arundattan for Mr.C.Munusamy
The order dated 19.09.2017 passed in I.A.No.552 of 2017 in FCOP.No.135/2017 by the learned Family Judge, Erode, awarding interim maintenance at the rate of Rs.10,000/- per month to the respondent / wife, is under assail in this appeal, at the instance of the appellant / husband.
2.Shorn of the minute details, the facts, which are germane and necessary for the disposal of this appeal, are as follows:
2.1 The marriage between the appellant /husband and the respondent /wife was solemnized on 27.08.2015 at Vengambur Arulmighu Sri Varadaraja Perumal Thirukoil, Kodumudi Taluk, Erode District as per the Hindu rites and customs.
Issues for consideration
2 issues framed by the court
Whether the Family Court's order awarding Rs.10,000 per month interim maintenance to the wife was erroneous, unfair, and arbitrary.
Whether the appellant husband's bald averments regarding the respondent's income without evidence justify interference.
Parties & counsel
- appellant
S.Aravind
- respondent
Sowmiya
Coram
R.Subbiah
Case details
As recorded by the court registry
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