The High Court modified the trial court's award of Rs.5,000/month towards travelling and lodging expenses to Rs.3,000/month from October 2023, considering the petitioner's low income and duty to support aged parents.
Directed to pay Rs.3,000/- per month to the respondent from October 2023 instead of Rs.5,000/-.
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CRP.No.1164 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2023
CORAM :
THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI
C.R.P.No.1164 of 2023 and C.M.P.No.8071 of 2023
Satheesh
... Petitioner
Vs.
M.Amrutha Lakshmi ... Respondent
PRAYER: Civil Revision Petition filed Under Article 227 of Constitution of India, praying to set aside the order and decree passed in I.A.No.1 of 2022 in O.P.No.1302 of 2021, dated 11.01.2023, on the file of the III Additional Family Court, Chennai.
For Petitioner : Mr.S.Shankar For Respondent : No appearance
ORDER
The petitioner has filed this petition to set aside the order and decree
passed in I.A.No.1 of 2022 in O.P.No.1302 of 2021, dated 11.01.2023, on the file of the III Additional Family Court, Chennai.
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CRP.No.1164 of 2023
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CRP.No.1164 of 2023
petitioner is working as a sales man in Law Book seller namely Seetharaman
at Chennai and drawing a sum of Rs.13,000/- per month. Apart from his personal expenses he has to take care of his mother who is aged about more than 60 years, therefore directing to pay a sum of Rs.5,000/- out of his monthly salary of Rs.13,000/- is highly not acceptable. The learned trial Judge failed to consider that the respondent is having land and properties worth about more than Rs.4 Crores and she is getting monthly rental of Rs.2,00,000/-. Hence, he prays to set aside the findings passed by the learned trial Judge in the said I.A.
served but there is no representation on the side of the respondent and perused the material available on records.
are morethan 60 years, and he wants to meet their expenses in his income and the award amount passed by the learned trial Judge is exorbitant, this
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Court is inclined to modify the award amount. Accordingly, the petitioner is directed to pay a sum of Rs.3,000/- per month to the respondent, from the month of October 2023.
30.10.2023
Index : Yes/No Speaking/Non Speaking order Neutral Citation: Yes/No rri
To
1.The III Additional Family Judge, Chennai. 2.The Section Officer, VR-Section, High Court of Madras.
C.R.P.No.1164 of 2023 and C.M.P.No.8071 of 2023
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2 issues framed by the court
Whether the exorbitant award of Rs.5,000/- per month for travelling, boarding and lodging expenses should be modified given the petitioner's limited income and parental responsibilities.
What is the appropriate monthly amount for travelling, boarding and lodging expenses in the circumstances of this case.
Satheesh
M.Amrutha Lakshmi
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
