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Madras High CourtCMA/1859/2018dismissed

G.Govinda Ranjith Kumar v. C.Rangammal

2018-08-28Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CMA No.1859 of 2018 and C.M.P.No.14386 of 2018 G.Govinda Ranjith Kumar .... Appellant vs C.Rangammal .... Respondent Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, against the Interim Maintenance Order passed in I.A.No.1880 of 2018 in O.P.No.128 of 2018 on the file of the IV Addl. Principal Judge, Family Court, Chennai dated 21.06.2018. For Appellant :

Mr.C.K.M.Appaji For Respondent :

Mr.N.Elumalai

J U D G M E N T

[Judgment of the Court was made by R.SUBRAMANIAN,J.] The challenge in this appeal is to the order of interim maintenance made in I.A.No.1880 of 2018 in O.P.No.128 of 2018.

2. The petition in O.P.No.128 of 2018 was filed by the appellant seeking divorce on the ground of cruelty. Pending the same, the respondent wife filed I.A.No.1880 of 2018 seeking interim maintenance. The same was resisted by the appellant contending that the respondent had deserted him voluntarily and therefore, she is not entitled to interim maintenance.

3. The appellant is employed as a Sub-Editor in "The Hindu" (Tamil) on contract basis. It is contended that his gross salary is only Rs.30,000/- and his take home salary is Rs.13,500/- per month. The learned Family Judge considered the relevant materials including the fact that the appellant owns two houses https://hcservices.ecourts.gov.in/hcservices/

at Madurai Town apart from agricultural lands granted a sum of Rs.4,000/- towards maintenance for wife and Rs.4,000/- to the minor child.

4. We do not see any ground to interfere with the said fixation inasmuch as the said amount is reasonable. Hence, the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

5. The learned counsel for the appellant seeks time to comply with the order of interim maintenance. Considering the plea made by the learned counsel, four weeks' time is granted to the appellant to pay the arrears of interim maintenance. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar svki To The IV Addl. Principal Judge, Family Court, Chennai.

+1cc to Mr.N.Elumalai, Advocate, S.R.No.58889 CMA No.1859 of 2018 KAN(CO) GSP(03/10/2018) https://hcservices.ecourts.gov.in/hcservices/