A single judge of Madras High Court held as follows,
From Paras 9 and 10,
9.As rightly pointed out by the learned counsel for the petitioner, the respondent has suppressed her true income in her affidavit. It is clear from the pay slip for December 2022 that the respondent is gainfully employed and earning a gross salary of more than Rs.1 lakh per month. In the affidavit filed in support of the application for interim maintenance, the averments are vague and do not even indicate whether the respondent wants maintenance for herself also or only for her minor child.
10.Be that as it may, considering the fact that the respondent, even on the date of filing of the application for interim maintenance, was employed with Cognizant and earning a gross income of more than Rs.1 lakh, I am inclined to dispose of the revision in the manner following:
(i) The order of the Sub-Court, Alandur is modified and the interim maintenance is fixed at Rs.10,000/-. However, the respondent is entitled to seek adjustment of Rs.5,000/- per month, subject to proof of payment of Rs.5,000/- for the relevant period, that is, from 14.03.2022, till disposal of the HMOP.298 of 2021.
Citations:
Other Sources:
https://www.casemine.com/judgement/in/68fcfd509a22022a0496b67d
Index of Maintenance Judgments u/s 144 BNSS is here.
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