Piragadeeswaran v. Latha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and CMP No.19520 of 2021 Piragadeeswaran ... Petitioner Vs Latha ... Respondent Prayer: The Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order, dated 29.10.2020 made in I.A. No.01 of 2019 in H.M.O.P. No.102 of 2018 on the file of the Subordinate Judge, Sankari.

For Petitioner : Mr.Raj Makesh, for Mr.M.Guruprasad

O R D E R

The challenge in this Revision is one directing the payment of interim maintenance at the rate of Rs.9,000/- per month to the wife. 1/4

2. The petitioner had launched proceedings under Section 13(1)(i-a) of the Hindu Marriage Act, seeking divorce. Soon after filing the application, he also seems to have quit his job. Upon service of notice, the respondent/wife sought for interim maintenance at Rs.20,000/- per month and litigation expenses. She has averred that the petitioner is an agent of AKR Express Parcel Service and is earning aleast Rs.30,000/- per month. It is also stated that he is doing textile business in the name and style "Pachiammal Tex" having 10 power looms.

3. The Husband resisted the said application contending that he has quit the job and that he is struggling to make both ends meet.

4. The learned Subordinate Judge, Sankari who heard the application, considering the overall circumstances, and the cost of living, concluded that a sum of Rs.9,000/- would be reasonable maintenance for the wife. The fact that the husband had chosen to resign his agency after initiation of the proceedings was also taken into by the learned Subordinate Judge.

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5. Considering the circumstances and the reasons assigned by the learned Subordinate Judge, I do not see any reason to interfere with the order, fixing the monthly maintenance at Rs.9,000/- per month. Hence, the Civil Revision fails and it is accordingly dismissed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 01.12.2021 ab/vum Index: Yes/No Speaking order / Non speaking order To:

1. The Subordinate Judge, Sankari

2. The Section Officer, VR Section, Madras High Court, Chennai.

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R.SUBRAMANIAN, J.

ab/vum and CMP No.19520 of 2021 01.12.2021 4/4