The High Court dismissed the husband's appeal challenging the Family Court's order granting his wife Rs.15,000/- monthly interim maintenance. The Court held that despite the wife's employment, the fixed quantum was appropriate and refused interference.
Appeal dismissed; maintenance order of Rs.15,000/- per month upheld; connected miscellaneous petition 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.M.A.No.2443 of 2023
THE HIGH COURT OF JUD ICATURE AT MADRAS DATED: 12.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE DR.JUSTICE D.NAGARJUN
C.M.A.No.2443 of 2023 and
C.M.P.No.22932 of 2023
A.Navin Kumar
...Appellant
Vs.
I.Illakiya ...Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 19(1) of the Family Courts Act, against the order passed in I.A.No.1 of 2019 in O.P.No.4161 of 2017 dated 02.03.2023 on the file of the IV-Additional Principal Family Court, Chennai.
For Appellant : Mr.S.Udhaya Kumar For Respondent :Mr.Mr.B.Cholan
J U D G M E N T
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
Challenge in this appeal is to the order granting interim
maintenance at the rate of Rs.15,000/- per month for the wife pending
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C.M.A.No.2443 of 2023
disposal of two Original Petitions, one filed by the husband for divorce and other filed by the wife for restitution of conjugal rights.
2.The only objection that is taken is, the wife is an M.A. graduate and she is employed and earning about Rs.96,000/- per annum. The learned Family Judge has taken into account her income, the income of the husband and has found that Rs.96,000/- per annum is wholly insufficient for the wife to maintain herself and fixed the quantum of Rs.15,000/- per month.
3.Considering the income of the husband and nature of his employment, we do not think, we should interfere with the quantum of maintenance granted by the Tribunal. This Civil Miscellaneous Appeal therefore, fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(R.S.M.,J.) (D.N.R.,J.) 12.10.2023
kkn Internet:Yes Index:No Speaking Nuetral Citation :No
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C.M.A.No.2443 of 2023
To:-
The IV-Additional Principal Judge, Family Court, Chennai.
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C.M.A.No.2443 of 2023
R.SUBRAMANIAN, J. and D.NAGARJUN, J.
KKN
C.M.A.No.2443 of 2023 and C.M.P.No.22932 of 2023
12.10.2023
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2 issues framed by the court
Whether the quantum of interim maintenance granted by the Family Judge should be interfered with considering the wife's earnings?
Whether an employed wife's annual income of Rs.96,000/- was sufficient to maintain her without additional maintenance?
1 provisions across 1 enactments
A.Navin Kumar
I.Illakiya
R.Subramanian
D.Nagarjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
