The High Court of Madras dismissed the Civil Miscellaneous Appeal filed by the wife challenging the divorce decree and seeking alimony. The Court held that no further alimony was warranted as substantial interim maintenance had already been paid, finding no merit in the appeal.
Appeal dismissed; no further alimony ordered beyond Rs.3,50,000 already paid.
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.836 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MR. JUSTICE D.BHARATHACHAKRAVARTHY
C.M.A.No.836 of 2021
Nithiya
... Appellant
Vs.
Shanmugam
...Respondent
Civil Miscellaneous Appeal filed under Section 19 of the Family
Court Act, 1984, against the Judgment and decree dated 01.06.2020 in
F.C.O.P.No.469 of 2012 on the file of Family Court, Salem.
For Appellant : Mr.R.Nalliyappan
For Respondent : Ms.J.Prithivi
J U D G M E N T
This Civil Miscellaneous Appeal is filed by the appellant/wife
aggrieved by the decree of divorce granted by the Family Court, Salem
dated 01.06.2020 in F.C.O.P.No.469/2012.
Page 1/6
C.M.A.No.836 of 2021
Ms.J.Prithvi, learned counsel for the respondent.
Page 2/6
C.M.A.No.836 of 2021
were independent witness and by duly considering the oral and documentary evidence on record, the case of the husband has been accepted by the trial Court and the same does not call for any interference by this Court.
The respondent /husband is a flower vendor and he would not be in a
Page 3/6
C.M.A.No.836 of 2021
position to pay any further.
(J.N.B,J.) (D.B.C, J.) Index : Yes / No 28.06.2023 Internet : Yes vsi Page 4/6
C.M.A.No.836 of 2021
To
The Family Court, Salem.
Page 5/6
C.M.A.No.836 of 2021
J. NISHA BANU, J. and D.BHARATHA CHAKRAVARTHY,J.
vsi
C.M.A.No.836 of 2021
28.06.2023
Page 6/6
3 issues framed by the court
Whether the civil miscellaneous appeal against the divorce decree and claim for alimony has merit in light of interim maintenance already paid.
Whether further alimony should be granted to the wife after interim maintenance has been paid.
Whether the High Court should interfere with the Family Court's finding on cruelty in a divorce case.
Nithiya
Shanmugam
J.Nisha Banu
D.Bharathachakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
