Madras High Court
P.Naresh Giri vs N.Rekha on 2 December, 2021
C.M.A.No.861 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A.No.861 of 2020
P.Naresh Giri .. Appellant
-vs-
N.Rekha .. Respondent
Memorandum of Grounds of Civil Miscellaneous Appeal filed under
Section 19(1) of the Family Courts Act, 1984, against the fair and decretal
order dated 13.08.2018 made in I.A.No.2703 of 2017 in O.P.No.3036 of
2016 on the file of the III Additional Principal Judge, III Additional Family
Court at Chennai.
For Appellant :: Mr.V.Vijayakumar
For Respondent :: Ms.Poonam Chopra
JUDGMENT
(Judgment of the Court was made by T.RAJA, J.)
Mr.P.Naresh Giri, the appellant herein has brought this civil
miscellaneous appeal against the interim fair and decretal order dated
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C.M.A.No.861 of 2020
13.8.2018 passed in I.A.No.2703 of 2017 in O.P.No.3036 of 2016 by the
learned III Additional Principal Judge, III Additional Family Court, Chennai
directing him to pay a sum of Rs.50,000/- towards litigation expenses to the
respondent with a further direction to pay a sum of Rs.20,000/- per month to
the respondent towards her monthly expenses on or before the 10th day of
English calendar month from September, 2018 and also to pay the arrears
from the date of the petition i.e., 17.7.2017, on or before 31.10.2018, till the
disposal of the main petition.
2. Learned counsel appearing for the appellant stated that when the
matter was taken up for admission on 6.3.2020, accepting his case, this
Court has passed a conditional order of stay in C.M.P.No.5566 of 2020 in
C.M.A.No.861 of 2020, which reads as follows:-
“3. There shall be an order of interim stay subject
to petitioner/appellant depositing a sum of
Rs.1,50,000/- (Rupees one lakh and fifty thousand
only) to the credit of O.P.No.3036 of 2016 on the
file of III Additional Family Court, Chennai within
a period of six weeks from the date of receipt of
this order and continues to pay 50% of the
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C.M.A.No.861 of 2020
monthly maintenance i.e., Rs.10,000/- (Rupees ten
thousand only) to respondent on or before 5th of
every month, failing which the order of interim
stay shall stand automatically vacated without
further reference to this Court.”
3. Since the above conditional order of stay was not complied with by
the appellant, the respondent, moving the Court below for executing the
order, obtained an order of arrest, resultantly the appellant was also arrested
and after five days, the appellant had paid a sum of Rs.3,00,000/- to the
respondent.
4. Learned counsel appearing for the respondent, however, submitted
that the appellant's family is doing a lucrative family business in selling dry
fruits. When the appellant's family is dealing with the wholesale business in
dry fruits and earning a sum of Rs.75,00,000/- annually, they are making a
false claim before the Court below and also before this Court that they are
not having enough source of income to pay the interim maintenance.
Concluding her arguments, she also stated that the respondent is serving as
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C.M.A.No.861 of 2020
housemaid and eking out her livelihood.
5. In our considered view, these issues have to be adjudicated by the
Court below after hearing the parties. Since the appellant has not complied
with the conditional order of stay as extracted above, we are not inclined to
entertain this appeal. Therefore, the civil miscellaneous appeal fails and it is
dismissed. Consequently, C.M.P.Nos.5566 of 2020 and 17089 of 2021 are
closed. However, there is no order as to costs.
Speaking order (T.R.,J.) (D.B.C., J.)
Index : yes 02.12.2021
ss
To
1. The III Additional Principal Judge
III Additional Family Court
Chennai
https://www.mhc.tn.gov.in/judis
C.M.A.No.861 of 2020
T.RAJA, J.
and
D.BHARATHA CHAKRAVARTHY, J.
ss
C.M.A.No.861 of 2020
02.12.2021
https://www.mhc.tn.gov.in/judis
