N.Hepzhiba v. P.Tennyson

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2023

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P.No.12725 of 2023 N.Hepzhiba ... Appellant Vs.

P.Tennyson ... Respondent Petition filed under Section 55 of the Indian Divorce Act, 1869 against the fair and decree dated 16.02.2023 made in I.A.No.4 of 2022 in I.D.O.P.No.116 of 2020 on the file of the learned Principal District Judge, Vellore.

For Appellant : Mr.R.Bhagawat Krishna For Respondent : Mr.P.Kannan

J U D G M E N T

This Civil Miscellaneous Appeal is filed against the order 16.02.2023 made in I.A.No.4 of 2022 in I.D.O.P.No.116 of 2020 on the Page 1/4

file of the learned Principal District Judge, Vellore, whereby an application filed by the appellant herein for interim maintenance was partly allowed by erring the respondent to pay a sum of Rs.15,000/- towards interim maintenance. Aggrieved by the quantum, wife is in appeal, before this Court.

2.On perusal of the salary slip filed on behalf of the husband, it is seen that he is getting a sum of Rs.61,708/- p.m., as salary. In that view of the matter, ordering of Rs.15,000/- as interim maintenance to the appellant is reasonable one and we do not find that the said amount is on the lower side and is in consonance with the Judgment of the Hon'ble Supreme Court in the case of Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy 1. Therefore, finding no merits in the Civil Miscellaneous Appeal, the same shall stands dismissed. No costs. Consequently connected miscellaneous petition is closed. (J.N.B,J.) (D.B.C, J.) Jer 27.06.2023 (2017) 14 SCC 200 Page 2/4

Index : Yes / No Internet : Yes / No Speaking order/Non-speaking order To The Principal District Judge, Vellore.

Page 3/4

J. NISHA BANU, J.

and D.BHARATHA CHAKRAVARTHY,J.

Jer and C.M.P.No.12725 of 2023 27.06.2023 Page 4/4