The High Court dismissed a civil revision petition challenging an interim maintenance order of Rs. 15,000/- awarded to the wife by the Family Court. The Court found no merit in the challenge, holding the awarded sum was reasonable.
The civil revision petition and the connected miscellaneous petition were dismissed with 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.
C.R.P.(NPD) No.92 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P.(PD) No.92 of 2022 and C.M.P.No.538 of 2022
T.Prasath Kumar
…. Petitioner
-Vs-
Gomathi
…. Respondent
Prayer : Civil Revision Petition under Article 227 of the Constitution of India to set aside the order passed in I.A.No.5 of 2021 in D.O.P.No.634 of 2019 on the file of Additional Family Court, Coimbatore.
For Petitioner : Ms.S.Pooja Shree for Mr.A.Parthasarathy
O R D E R
The petitioner challenges an order of interim maintenance made in an application under Section 36 of the Indian Divorce Act. The petitioner husband sought for divorce under Section 17 and 18 of the said enactment. The said original petition is pending before the Family Court, Coimbatore. The respondent wife filed an application under Section 36 seeking interim maintenance of Rs.15,000/-. This was resisted by the petitioner claiming that the respondent is not entitled to maintenance as she is living apart without any just cause. It was also claimed that the respondent who is working in a private school is drawing a salary of Rs.45000/- as salary. The
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C.R.P.(NPD) No.92 of 2022
fact that the brother and sister of the wife are earning members was also pointed out to refuse maintenance.
merit in the revision. The Civil Revision Petition fails and it is accordingly dismissed.
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C.R.P.(NPD) No.92 of 2022
No costs. Consequently, connected miscellaneous petition is also dismissed.
24.01.2022
Index : No Internet : Yes KST
To
The Additional Family Court Coimbatore.
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C.R.P.(NPD) No.92 of 2022
R. SUBRAMANIAN, J.
KST
C.R.P.(PD) No.92 of 2022 and C.M.P.No.538 of 2022
24.01.2022
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2 issues framed by the court
Whether interim maintenance under Section 36 of the Indian Divorce Act is appropriate considering the parties'’ earning capacities and living arrangements.
Whether the quantum of Rs. 15,000/- per month awarded by the Family Court was appropriate considering the cost of living.
2 provisions across 2 enactments
T.Prasath Kumar
Gomathi
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
