The High Court dismissed the civil miscellaneous appeal filed against the Family Court's award of interim maintenance. The appeal challenging a maintenance sum of Rs. 7,000 against a claim of Rs. 20,000 was rejected as no error was found.
Civil Miscellaneous Appeal dismissed; main pending case directed to be disposed within six months.
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
Dated : 07.03.2019
Coram
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH and THE HONOURABLE MR. JUSTICE C.SARAVANAN
C.M.A.No.2100 of 2016 and C.M.P.No.15248 of 2016
A.Kadirvel .. Appellant/ Respondent/ Petitioner
vs.
R.Poongodi .. Respondent/ Petitioner/ Respondent
Appeal filed under Section 19 of the Family Courts Act against the order dated 08.01.2016 made in I.A.No.837 of 2015 in H.M.O.P.No.690 of 2014 on the file of the Additional Family Court, Coimbatore.
For Appellant : Mr.S.Chandrasekar
For Respondent : Mr.M.Sangayan
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
As against the interim maintenance granted for a sum of Rs.7,000/- against the claim of Rs.20,000/-, the present appeal has been filed.
2.Heard the learned counsel appearing for the parties.
3.The status of the parties is not in dispute. There is a girl child born out of the wedlock. The Family Court has only granted less than 50% of the maintenance sought for.
4.In such view of the matter, we do not find any error in the order passed by the Additional Family Court, Coimbatore and the Civil Miscellaneous Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
5.Taking into consideration the pendency of the case in H.M.O.P.No.690 of 2014 for nearly five years, the Additional Family Court, Coimbatore is directed to dispose of the same within a period of six months from the date of receipt of a copy of this order.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
mmi
To
The Additional Principal Judge,
Additional Family Court,
Coimbatore.
2. The Section Officer,
VR Section,
High Court,Madras
+1cc to Mr.S.Chandrasekar , Advocate SR.No. 21886
+1cc to Mr.M.Sangayan, Advocate SR.No. 21317
C.M.A.No.2100 of 2016
gp (CO)
A.SK(15/07/2019)
1 issue framed by the court
Whether the Family Court committed any error in granting less than 50% of the interim maintenance sought.
A. Kadirvel
R. Poongodi
M.M.Sundresh
C.Saravananan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
