(Judgment of the Court was made by R.SUBRAMANIAN, J.)

This Civil Miscellaneous Appeal is directed against an order

granting a sum of Rs.7,500/- as interim maintenance for the wife. The

Original Petition was filed for divorce by the wife seeking judicial seperation

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under Section 10 of the Hindu Marriage Act. Pending the same, the wife

filed an application in I.A.No.4 of 2023 seeking interim maintenance.

2.The said application was resisted by the husband contending

that she is an Engineering graduate and capable of maintaining herself. The

learned Family Judge found that the wife being an unemployed is entitled to

maintenance. The Family Court therefore, fixed the quantum of

maintenance at Rs.7,500/- per month, since the husband has a carry home

salary of Rs.35,052/- per month. Aggrieved by the said grant, the husband

is on appeal.

3.We have heard Mr.M.Rajasekar, learned counsel for the

appellant.

4.While reiterating the submissions made before the Family Court

regarding the ability of the wife to get an employment and sustain herself out

of the earnings, the learned counsel would also submit that the wife has not

filed an affidavit of assets. The non-filing of affidavit of assets cannot be a

ground to reject maintenance. We do not see any reason to interfere with the

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order of the Trial Court. This Civil Miscelaneous Appeal therefore, fails and

it is accordingly, dismissed. No costs. Consequently, connected

miscellaneous petition is closed.

(R.S.M., J.) (N.S., J.)

27.11.2023

kkn

Internet:Yes

Index:No

Speaking

Nuetral Citation :No

R.SUBRAMANIAN, J.

N.SENTHILKUMAR, J.

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KKN

To:-

The Family Court,

Tiruvallur.

27.11.2023

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