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Madras High CourtCMA/2443/2023dismissed

A.Navin Kumar v. I.Illakiya

2023-10-12Honourable Mr Justice R. Subramanian,Honourable Dr Justice D.Nagarjun4 pages

THE HIGH COURT OF JUD ICATURE AT MADRAS DATED: 12.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE DR.JUSTICE D.NAGARJUN and C.M.P.No.22932 of 2023 A.Navin Kumar ...Appellant Vs.

I.Illakiya

...Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 19(1) of the Family Courts Act, against the order passed in I.A.No.1 of 2019 in O.P.No.4161 of 2017 dated 02.03.2023 on the file of the IV-Additional Principal Family Court, Chennai.

For Appellant : Mr.S.Udhaya Kumar For Respondent :Mr.Mr.B.Cholan

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) Challenge in this appeal is to the order granting interim maintenance at the rate of Rs.15,000/- per month for the wife pending 1/4

disposal of two Original Petitions, one filed by the husband for divorce and other filed by the wife for restitution of conjugal rights. 2.The only objection that is taken is, the wife is an M.A. graduate and she is employed and earning about Rs.96,000/- per annum. The learned Family Judge has taken into account her income, the income of the husband and has found that Rs.96,000/- per annum is wholly insufficient for the wife to maintain herself and fixed the quantum of Rs.15,000/- per month. 3.Considering the income of the husband and nature of his employment, we do not think, we should interfere with the quantum of maintenance granted by the Tribunal. This Civil Miscellaneous Appeal therefore, fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(R.S.M.,J.) (D.N.R.,J.) 12.10.2023 kkn Internet:Yes Index:No Speaking Nuetral Citation :No 2/4

To:- The IV-Additional Principal Judge, Family Court, Chennai.

3/4

R.SUBRAMANIAN, J.

and D.NAGARJUN, J.

KKN and C.M.P.No.22932 of 2023 12.10.2023 4/4