V. M. VELUMANI, S. SOUNTHAR
A. Anandan – Appellant
Versus
Geetha – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 19(3) of Family Courts Act, 1984, against the order dated 28.02.2020 made in I.A.No.1 of 2019 in H.M.O.P.No.42 of 2018 on the file of the Sub Court, Gudiyatham.)
V.M. Velumani, J.
1. This Civil Miscellaneous Appeal has been filed by the appellant/husband against the order dated 28.02.2020 made in I.A.No.1 of 2019 in H.M.O.P.No.42 of 2018 on the file of the Sub Court, Gudiyatham.
2. The appellant/husband filed H.M.O.P.No.42 of 2018 (earlier F.C.O.P.No.165 of 2017 on the file of the Principal Family Court, Vellore) on the file of the Sub Court, Gudiyattam, under Section 13(1)(i-a) & (i-b) of Hindu Marriage Act, 1955, for dissolution of marriage between the appellant and respondent, conducted on 20.08.2008. In the said H.M.O.P., the respondent/Wife filed I.A.No.1 of 2019 under Section 24 of the Hindu Marriage Act, for a direction to the appellant to pay a sum of Rs.25,000/- each towards monthly maintenance to the respondent and her minor son and a sum of Rs.25,000/- towards litigation expenses.
3. According to the respondent, the appellant is running provisional store in the name and style of 'B.Alaguvel Maligai shop'
The main legal point established in the judgment is the requirement for evidence to support claims for interim maintenance under Section 24 of the Hindu Marriage Act, 1955, and the court's authority ....
The court's decision on the interim maintenance amount was based on the evidence presented regarding the appellant's income.
The duty of parents to provide for the child's educational expenses justified the order for interim maintenance.
The husband's liability to maintain his wife and child and the objective of granting interim/permanent alimony to prevent destitution or vagrancy.
Interim maintenance order upheld as just and reasonable based on husband's income despite wife's business.
Maintenance in divorce cases aims to prevent destitution of a non-earning spouse and minor child, emphasizing the need for dignity and financial support during prolonged matrimonial disputes.
An able-bodied husband cannot seek maintenance from the wife unless he demonstrates a disability that prevents him from earning. It is the duty of an able-bodied husband to maintain himself, the wife....
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