S.Ezhilarasan v. K.Gomathi

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.1912 of 2019 and C.M.P.No.6644 of 2019 S.Ezhilarasan .. Appellant vs.

K.Gomathi .. Respondent Appeal filed under Section 19 of the Family Courts Act, 1994, against the fair and decretal order dated 08.02.2019 in I.A.No.399 of 2017 in O.P.No.3813 of 2013 on the file of the I Additional Family Court, Chennai.

For Appellant :

Mr.L.Mouli

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) This appeal is preferred against the interim maintenance ordered in favour of the respondent.

2.Learned counsel appearing for the appellant submits that the respondent is gainfully employed elsewhere. Therefore, the order requires interference.

3.What has been sought for by the respondent is a sum of Rs.1 lakh. The fact that the appellant is a man of means is not in dispute. Though the respondent sought for a sum of Rs.1 lakh, the Family Court has awarded only Rs.12,000/- per month. The status of the parties is not in dispute. Inasmuch as the amount awarded is reasonable and is only an interim arrangement, we do not find any error in the order of the Family Court, warranting interference. Accordingly, the Civil Miscellaneous Appeal stands dismissed. No costs.

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4.However, taking into consideration the fact that the O.P. is pending for nearly six years, we direct the I Additional Family Court, Chennai to dispose of the case in O.P.No.3813 of 2013 within a period of four months from the date of receipt of a copy of this order.

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

+1 cc to Mr.L.Mouli, Advocate, S.R.No.24643 C.M.A.No.1912 of 2019 PA(CO) SSM(22/04/2019) https://hcservices.ecourts.gov.in/hcservices/