Ashok Kumar v. Nivethitha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Ashok Kumar ... Petitioner / Respondent / Petitioner Vs.

Nivethitha ... Respondent / Petitioner / Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records relating to the decree and judgment dated 20.10.2023 made in I.A.No.7 of 2023 in H.M.O.P.No.291 of 2022 passed by the Family Court, Dindigul and set aside the same by allowing the Civil Revision Petition.

For Petitioner : Mr.R.Murugan For Respondent : Mrs.U.Nirmala Rani * * * 1/4

O R D E R

Heard the learned counsel on either side.

2.The petitioner has filed H.M.O.P.No.291 of 2022 on the file of the Family Court, Dindigul. In the said H.M.O.P., the wife filed I.A.No.7 of 2023 seeking interim maintenance for herself and the daughter. The Court below vide order dated 20.10.2023 had directed payment of Rs.17,000/- per month. Questioning the same, this civil revision petition came to be filed. 3.The learned counsel for the revision petitioner reiterated all the contentions set out in the memorandum of grounds of the civil revision petition and called upon this Court to set aside the impugned order and grant relief as prayed for.

4.I am not swayed by the said submissions. It is true that the salary slip has been enclosed and it is seen therefrom that the petitioner is earning a sum of Rs.35,000/- per month. The respondent's case is that it is only a make believe and that it is actually family business and that the monthly income earned by her husband is quite substantial.

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5.The Court below has after all awarded 50% of the revision petitioner's salary towards interim maintenance. The impugned order does not call for interference and the civil revision petition is dismissed. No costs. 26.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ias To:

The Family Court, Dindigul.

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G.R.SWAMINATHAN, J.

ias 26.09.2024 4/4