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Madras High CourtCMA/1914/2019dismissed

P.Karthick v. J.Karthika

2019-03-15Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.03.2019 Coram THE HONOURABLE MR. JUSTICE M.M.SUNDRESH and THE HONOURABLE MR. JUSTICE C.SARAVANAN C.M.A.No.1914 of 2019 and C.M.P.No.6656 of 2019 P.Karthick .. Appellant / Petitioner vs.

J.Karthika .. Respondent / Respondent Appeal filed under Section 19 of the Family Courts Act, 1994, against the fair and decretal order dated 29.10.2018 in I.A.No.253 of 2017 in F.C.O.P.No.29 of 2017 on the file of the Family Court, Salem.

For Appellant :

Mr.C.Prakasam

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) This appeal is filed against the interim maintenance ordered by the Family Court in favour of the respondent/wife. The respondent sought for a sum of Rs.1 lakh as interim maintenance and the Family Court awarded Rs.30,000/-. 2.Learned counsel appearing for the appellant submitted that the appellant is only earning a sum of Rs.80,000/- per month. The respondent is also earning a sum of Rs.15,000/- per month. Both the submissions made were rejected by the Family Court. Though the respondent has sought for a sum of Rs.1 lakh as interim maintenance, the Family Court, considering the relevant factors, ordered only Rs.30,000/-, which in our considered view, is very reasonable and fair. We do not find any error in the order passed by the Family Court, warranting interference. The arrears amount will have to be paid within a period of eight weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/

3.Taking into consideration the fact that the F.C.O.P. is pending for nearly two years, we direct the Family Court, Salem, to dispose of the case in F.C.O.P.No.29 of 2017 within a period of five months from the date of receipt of a copy of this order. 4.With the above observation and direction, the Civil Miscellaneous Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar mmi To The Judge, Family Court, Salem.

+1 cc to Mr.C.Prakasam, Advocate, S.R.No.25879 C.M.A.No.1914 of 2019 PA(CO) SSM(22/04/2019) https://hcservices.ecourts.gov.in/hcservices/