Madras High CourtAS(MD)/159/2008partly allowed

D.Madhan Kumar v. S.Ramya Devi

2022-06-13Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Thirteenth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN and Cross.Obj(MD)No.25 of 2008 D.MADHAN KUMAR ... Appellant/Defendant in AS(MD)no.159/2008 ... Respondent in Cross.Obj(MD)No.25/2008 -Vs- 1 S.RAMYA DEVI 2 MINOR HARSHA SRINIDHI (The Minor 2nd Respondent is represented through her next friend and mother the 1st Respondent ) ... Respondents/Plaintiff in AS(MD)no.159/2008 ... Cross Objector in Cross.Obj(MD)No.25/2008 Prayer in AS(MD)no.159/2008:- Appeal Suit is filed under Section of 96 r/w Order 41 Rule 1 of the Civil Procedure Code, 1908 against the Judgment and Decree of the Family Court, Madurai, dated 31.01.2008 made in O.S.No.6 of 2007.

Prayer in Cross.Obj(MD)No.25/2008:- Cross Objection is filed under Section of 96 r/w Order 41 Rule 22 of the Civil Procedure Code, 1908 against the Judgment and Decree of the Family Court, Madurai, dated 31.01.2008 made in O.S.No.6 of 2007.

DECREE:- This Appeal Suit and Cross Objection coming on for hearing on this day upon hearing the grounds of Appeal, the Judgment and decree of the Lower Appellate Court and the Court of First instance and the material papers in the case and upon hearing the arguments of Mr.R.PRABHAKARAN, Advocate for the Appeallant in Appeal Suit and Respondent in Cross Objection and of MR.P.ARUN JAYATRAM, Advocate for the Respondents in Appeal Suit and Objectors for the Cross Objection, this Court while allowing the Appeal and Cross objection in part, doth order and decree as follows:- 1/3

(1)That the direction of the Trial Court to pay a sum of Rs.20,000/-(Rupees, Twenty thousand only) as monthly maintenance to the 1st Respondent herein/Wife be and hereby is Set aside;

(2) that the Cross Objection filed by the 1st Respondent herein/Wife concerned be and here is dismissed ;

(3) that the Cross Objection filed by the 2nd Respondent herein/Minor daughter be and hereby is allowed and maintenance granted is enhanced from Rs.10,000/- to Rs.20,000/-(Rupees, Twenty thousand only);

(4)that the Appellant here in/Defendant be and hereby is directed to pay a sum of Rs.20,000/-(Rupees, Twenty thousand only) as monthly maintenance to the 2nd Respondent herein/Minor daughter from the date of filing of the civil suit in O.S.No.5 of 2007 , on the file of the Subordinate Court, Srivilliputhur till she attains majority and shall pay the arears of maintenance within 10 days from today, less the amount already deposited if any; and (5)that both parties be and hereby are directed to bear their own cost;

Sd/- Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) TO

1. The Judge, Family Court, Madurai.

2. The Subordinate Judge, Srivilliputhur.

copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.P. ARUN JAYATRAM, Advocate ( SR-25888 dated 15/06/2022 ) +1 CC to M/s.R. PRABHAKARAN, Advocate ( SR-25637 dated 14/06/2022 ) 2/3

ORDER DATED : 13/06/2022 ========================== DECREE ========================== and Cross.Obj(MD)No.25 of 2008 Nature of Decree:- Allowing the Appeal and Cross Objection in part preferred against the Judgment and Decree of the Family Court, Madurai, dated 31.01.2008 made in O.S.No.6 of 2007.etc., as stated within.

svn(CO) TR(20.06.2022) 3P 7C 3/3