D.Sunilkumar v. Suguna

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and C.M.P.No. 8895 of 2024 D.Sunil Kumar .. Petitioner vs Suguna .. Respondent Petition filed under Article 227 of the Constitution of India against the order dated 22.08.2022 passed by the I Additional Family Court at Chennai in I.A.No.03 of 2022 in H.M.O.P. No. 2005 of 2020.

For Petitioner :

Ms.V.Kamala Kumar

ORDER

The husband is on revision. He has admitted that he is earning about Rs.80,000/- per month. The relationship between the husband and wife is not denied. The respondent/wife was originally working in Rex Matriculation School, Chennai. Due to Covid-19, she has shifted to her father's house in Chidambaram. She is unable to 1/4

maintain herself and therefore she moved an application for interim maintenance seeking Rs.27,500/- as monthly maintenance and Rs.30,000/- towards litigation expenses. The husband was called upon to file his assets and liabilities statement and he has specifically stated that he is working as a consultant in media and is earning about Rs.80,000/- per month.

2. The principle on grant of maintenance under Section 24 of The Hindu Marriage Act, 1955 is that the wife is entitled to be maintained in the same status as if she continued in her matrimonial home. This principle under Section 24 of The Hindu Marriage Act is well settled right from the time of Hegde case in Bharat Hegde vs. Saroj Hegde, 2007 SCC OnLine Del 622. This position has also been confirmed by the Supreme Court in Rajnesh Vs. Neha, (2021) 2 SCC 324.

3. The learned Judge taking into consideration the income of the husband has fixed in my view a paltry sum of Rs.10,000/- per month. As against the demand of Rs.30,000/- for litigation expenses, he has granted the same which is one time payment. 2/4

4. I find nothing unreasonable or irrational in the order passed by the Family Court. Therefore, the Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

18.04.2024 Index:Yes/No mmi To The I Additional Principal Judge, Family Court, Chennai.

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V. LAKSHMINARAYANAN,J.

mmi 18.04.2024 4/4