D. KRISHNAKUMAR, K. GOVINDARAJAN THILAKAVADI
S. Murali Sundar – Appellant
Versus
M. Jayanthi – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984 to set aside the fair and decreetal order passed in I.A.No. 1 of 2021 in HMOP No.5239 of 2019 dated 15.12.2022 on the file of the Principal Family Court, Chennai.)
D. Krishnakumar, J.
1. Challenging the order dated 15.12.2022 in I.A.No.1 of 2021 in HMOP No.5239 of 2019 on file of the Principal Family Court, Chennai, this Criminal Miscellaneous Appeal has been filed.
2. The appellant married the respondent on 09.06.2016 and in their wedlock, one female child born. After birth of child, the respondent picked up quarrel with the appellant frequently and also harassed the appellant and his parents. Hence, the appellant filed a divorce petition in HMOP No.59 of 2019 before the Principal Family Court, Chennai seeking divorce against the respondent, in which, the respondent filed an application I.A.No.1 of 2021 seeking interim maintenance at Rs.30,000/- per month. After hearing both sides and perusing the documents, the Family Court directed the appellant to pay interim maintenance at Rs.10,000/- per month to the respondent and also to pay Rs.10,000/- towards litigation expenses. Challenging the
The court's decision on the interim maintenance amount was based on the evidence presented regarding the appellant's income.
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 must be balanced between the claimant's need for sustenance and the payer's total financial liabilities, including debts and medical expenses of dependents, to avoid an exorbitant....
The court upheld the maintenance order based on the established income levels and financial responsibilities of both parties.
Misrepresentation of employment status can affect entitlement to maintenance, and special circumstances such as the needs of a special child can influence the amount of maintenance awarded.
Interim maintenance under Cr.P.C. Section 125 is based on reasonable assessments of income, considering both parties' claims and financial conditions.
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