The High Court dismissed a civil revision petition challenging the Family Court's enhancement of a wife's maintenance from Rs. 1,250 to Rs. 2,500 per month, including an annual increment, finding the amount reasonable for the petitioner's pension.
The Civil Revision Petition was dismissed and the connected Miscellaneous Petition was closed.
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.
C.R.P. (NPD) No. 3453 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.10.2019
CORAM:
THE HONOURABLE Mr. JUSTICE R. SURESH KUMAR
C.R.P. (NPD) Nos. 3453 of 2019
and C.M.P. No. 22705 of 2019
Thiru. Jayaseelan ... Petitioner -VsSulochana ... Respondent
Prayer : Petition filed under Section115 of Civil Procedure Code against the order and decretal order made in I.A. No. 2966 of 2010 in O.S. No. 167 of 2002 dated 09.02.2018 passed by the IV Additional Principal Judge, Family Court of Chennai.
For Petitioner : Mr. S. Thamizharasi For Respondent : Mr. P. Rajendran
O R D E R
This Civil Revision Petition has been filed against the fair and
decreetal order made in I.A. No. 2966 of 2010 in O.S. No. 167 of 2002 on
the file of the IV Additional Principal Judge, Family Court, at Chennai,
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C.R.P. (NPD) No. 3453 of 2019
by order dated 09.02.2018.
provision of enhancement of Rs.500/- as maximum cap for every year. Aggrieved over the same, the present revision petition has been filed by
the revision petitioner / husband.
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C.R.P. (NPD) No. 3453 of 2019
the revision petitioner and Mr. P. Rajendran, learned counsel appearing for the respondent who entered appearance through Caveat on behalf of the respondent.
appearing for the respondent, who would submit that, there had been a
huge arrears even according to the agreed maintenance amount.
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C.R.P. (NPD) No. 3453 of 2019
the enhancement of monthly maintenance made by the Court below through the impugned order to the extent of Rs 2,500/- per month with the provision of annual increase of Rs.500/- payable by the revision petitioner to the respondent / wife is sustainable or not.
and I have considered the said submissions made by both sides, especially the submission made by the learned counsel for the revision petitioner.
getting Rs.13,682 /- per month. The three children mentioned by the petitioner are grown up children and they got married according to the learned counsel for the petitioner. Therefore, it cannot be said, those
children can be maintained by the revision petitioner.
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to get the maintenance and already there has been a consent decree to that effect and even though the sum of Rs. 1,250/- was allowed already as monthly maintenance, due to the considerable increase in price index, the said respondent / wife since could not survive to meet both ends with a sum of Rs. 1,250/- per month, seems to have approached the Court below for enhancement and accordingly, the learned Judge considering all aspects, have increased the said amount to Rs. 2,500/per month.
enhancement of Rs.500/- every year, as that will also based on the price
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index , can very well be sustained.
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vji / kmm
R. SURESH KUMAR, J.
finds no reason to interfere with the impugned order and the Civil Revision Petition is dismissed accordingly. Consequently, connected Miscellaneous Petition is also closed. No costs.
24.10.2019
Index: Yes / No Speaking order / Non speaking order vji / kmm
To The learned IV Additional Principal Judge, Family Court of Chennai.
C.R.P. (NPD) Nos. 3453 of 2019 and C.M.P. No. 22705 of 2019
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1 issue framed by the court
Whether the Family Court's order enhancing monthly maintenance from Rs. 1,250 to Rs. 2,500 with an annual increment of Rs. 500 is sustainable given the petitioner's pension income.
Thiru. Jayaseelan
Sulochana
R. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
