Imrankhan v. Majitha Nasrin

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.07.2023

CORAM:

THE HONOURABLE MR JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS JUSTICE R.KALAIMATHI and C.M.P.No.13538 of 2023 Imrankhan ...Appellant Vs.

1.Majitha Nasrin 2.Rayeesa Thansim (Minor) Rep. By her Mother Natural Guardian, Majitha Nasrin

...Respondents

Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984, against the fair and decreetal order dated 04.02.2022 made in I.A.No.1 of 2020 in O.S.No.261 of 2019 passed by the IVAdditional Principal Judge, Family Court, Chennai. For Appellant : Mr.A.K.M.Samsu Nihar 1/4

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) The appellant challenges the order granting interim maintenance at Rs.10,000/- each for his wife and minor child. 2.The respondent / wife has laid a suit in O.S.No.261 of 2019 seeking restitution of conjugal rights. Pending the said suit, the wife and the minor daughter filed I.A.No.1 of 2020, seeking interim maintenance of Rs.30,000/- per month. The appellant remained exparte before the Trial Court. The learned Trial Judge, considering the averments in the application, granted Rs.10,000/- each as interim maintenance. 3.The learned counsel for the appellant would contend that the appellant is running a refrigeration service centre in the name and style of Rim Refrigeration at Karapakkam, Chennai and his income is only about Rs.20,000/- per month and therefore, the award of Rs.20,000/- per month as interim maintenance is exorbitant. He would also rely upon the income tax returns filed by him for the assessment years 2019-2020. 2/4

4.A perusal of the said income tax returns shows that the appellant's annual income is about Rs.3,67,170/-, which is almost Rs.30,000/- per month. In the light of the above, we do not think that grant of Rs.10,000/- each for the wife and minor child as interim maintenance could be faulted. This Civil Miscellaneous Appeal therefore, fails and it is accordingly, dismisssed. No costs. Consequently, connected miscellaneous petition is closed.

(R.S.M.,J.) (R.K.M.,J.) 11.07.2023 kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order Nuetral Citation : Yes/No 3/4

R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

KKN To:- The IV-Additional Family Court, Chennai.

and C.M.P.No.13538 of 2023 11.07.2023 4/4