Baskar v. Aruna Devi
Case brief
What is this about?
Civil Revision Pitition filed under Article 227 of the Constitution challenging an order granting interim maintenance to the wife and child in a pending divorce matter. The High Court dismissed the revision, holding the amount was not excessive nor arbitrary.
What did the court decide?
Civil Revision Petition dismissed; connected Miscellaneous Petition closed. No costs.
What the court decided
C.R.P.(PD).No.4965 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
C.R.P.(PD).No.4965 of 2024 and C.M.P.No.27941 of 2024
Baskar
.. Petitioner
Vs.
Aruna Devi
.. Respondent
Prayer : This Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order passed by the Sub Court, Pappireddipatti, dated 24.06.2024 made in I.A.No.1 of 2023 in H.M.O.P.No.61 of 2023 and to dismiss the Interlocutory Application as prayed for.
Issues for consideration
2 issues framed by the court
Whether the impugned order granting interim maintenance of Rs.5,000/- per month to the wife and child under Section 24 of the Hindu Marriage Act is arbitrary or excessive.
Whether the burden lies on the husband to disprove the wife's income when she pleads inability to maintain herself under Section 24.
Parties & counsel
- appellant
Baskar
- respondent
Aruna Devi
Coram
V. LAKSHMINARAYANAN
Case details
As recorded by the court registry
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