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Madras High CourtCRP/827/2019dismissed

Gokula Krishnan@Karthick v. T.Soundarya

2019-03-05Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2019

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P(PD).No.827 of 2019 & C.M.P.No.5408 of 2019 Gokula Krishnan @ Karthik

...Petitioner

Vs 1.T.Soundarya 2.Minor Siddharth ... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and final order dated 01.02.2019 made in I.A.No.15 of 2017 in H.M.O.P.No.46 of 2017 on the file of the Sub Court, Avinashi.

For Petitioner :

Mr.V.Rajesh

ORDER

The above Civil Revision Petition is filed challenging the order passed by the Subordinate Judge, Avinashi in an application filed under Section 24 of the Hindu Marriage Act, seeking a direction to the revision petitioner/husband to pay a sum of Rs.10,000/- per month towards interim maintenance of the respondents, who are the wife and the one year old minor son of the revision petitioner. The revision petitioner is admittedly an Assistant Professor in Kathir College of Engineering, Neelambur, Coimbatore.

2.Though the revision petitioner had contended that the wife is also employed, no documents whatsoever is filed. Ultimately, the learned Judge has only awarded a sum of Rs.3,000/- towards her monthly maintenance and a sum of Rs.5,000/- per month to the one year old child for his monthly maintenance.

3.Challenging the said order the revision petitioner is before this Court. Heard, Mr.V.Rajesh, learned counsel for the revision petitioner.

It is needless to state that it is the duty of the husband to maintain his wife and children. Admittedly, the revision petitioner is presently working as an Assistant Professor in Kathir College of Engineering, Neelambur, Coimbatore and earning a salary of Rs.22,000/- per month, the interim maintenance in my opinion is very reasonable. I do not find any infirmity in the order passed by the Subordinate Judge, Avinashi.

The Civil Revision Petition is dismissed. There shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is also closed.

05.03.2019 kan Index: Yes/No Speaking order/non-speaking order To, The Subordinate Judge, Avinashi.

P.T.ASHA, J., kan C.R.P(PD).No.827 of 2019 & C.M.P.No.5408 of 2019 05.03.2019