Petitioner sought modification of interim maintenance from Rs.10,000 to Rs.5,000 alleging inability to pay. Court dismissed, holding petitioner's status as Sub-Inspector of Police suffices for the current maintenance amount.
Granted Rs.10,000/- monthly maintenance; denied request to reduce to Rs.5,000/-.
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CMP(MD) No.8533 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Tenth day of October Two Thousand and Twenty Three
PRESENT
The Hon`ble Mrs.Justice L. VICTORIA GOWRI
CMP(MD) No.8533 of 2023 in CMSA(MD)No.31 of 2018
M.AYYAL RAJ
... PETITIONER/PETITIONER/RESPONDENT
Vs
V.ANNALAKSHMI, ... RESPONDENT/RESPONDENT/APPELLANT
Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Modify the order passed in CMP(MD). No.1775 of 2019 in the above CMSA(MD) No.31 of 2018 dated 20.06.2023, by modifying the monthly maintenance from Rs.10,000 to Rs.5,000.
PRAYER in CMP(MD). No.1775 of 2019:
To pass an order to directing the respondent to pay a monthly maintenance of Rs.20,000/- (Rupees twenty thousand only) as interim maintenance pending disposal of the CMSA and to pay a sum of Rs.50,000/- (Rupees fifty thousand only), towards litigation expenses.
PRAYER IN CMSA(MD) No.31 of 2018:
To prefer this appeal against the Decree and Judgment in CMA 3/2011 passed by the VI Additional District Court, Madurai on 18.12.2012 which was preferred against the dismissal of the HMOP No.181/2005 by the learned III Additional Subordinate Judge, Madurai on 09.10.2009 praying to set aside the dismissal orders of both the Courts.
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CMP(MD) No.8533 of 2023
ORDER : This Civil Miscellaneous petition petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.M.VISHNUVARTHANAN, Advocate for the petitioner and of M/S.D.MALAICHAMY, Advocate on behalf of the Respondent, the Court made the following order:-
This petition is filed to modify the order passed in C.M.P.(MD)No.1775 of 2019 in C.M.S.A(MD)No.31 of 2018 dated 20.06.2023, by modifying the monthly maintenance from Rs.10,000/- to Rs.5,000/-.
/10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
SML
TO
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CMP(MD) No.8533 of 2023
ORDER IN CMP(MD) No.8533 of 2023 in CMSA(MD)No.31 of 2018 Date :10/10/2023
SS/JGB/16/10/2023/3P/3C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether the monthly alternate maintenance awarded to the petitioner should be reduced given his employment as a Sub-Inspector of Police.
M. AYYAL RAJ
V. ANNALAKSHMI
L. VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
