Madras High Court
J.Nivethitha vs A.Kumar on 7 December, 2021
C.M.A.No.3408 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A. No.3408 of 2021 and C.M.P. No.19669 of 2021
J.Nivethitha ... Appellant
vs
A.Kumar ... Respondent
Prayer: Appeal filed under Section 19 of the Family Courts Act
against the fair and decretal order passed by the Family Court, Salem
in I.A. No.4 of 2021 in F.C.O.P. No.72 of 2017 dated 06.10.2021.
For Appellant : Ms.M.Abbiraami
JUDGMENT
[Judgment of this Court was delivered by T.RAJA, J.]
This appeal has been directed against the impugned decretal
order dated 06.10.2021 passed by the Family Court, Salem in I.A.
No.4 of 2021 in F.C.O.P. No.72 of 2017 directing the respondent
husband to pay a sum of Rs.15,000/- per month as interim
maintenance to the appellant wife from the date of filing the petition
till the disposal of the above F.C.O.P.
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C.M.A.No.3408 of 2021
2.Learned counsel appearing for the appellant submitted that
after the marriage was solemnised on 21.08.2015 at Kulalar Sri
Natarajar Kalyana Mandapam, Kitchipalayam, Salem-15 in the
presence of the well wishers, belonging to both the families, the
respondent husband driven the appellant out of the matrimonial
home on the mid night of 31.08.2016 at the instigation of his parents
and sister, without any valid and justifiable reason. Thereafter, the
respondent husband has filed the above F.C.O.P. No.72 of 2017
seeking dissolution of marriage on the ground of cruelty allegedly
made by the appellant. As the appellant has to eke out her livelihood,
finding no income to meet out food, cloth, medical treatment and
shelter, she was advised to file the Interim Application in I.A. No.4 of
2021 in F.C.O.P. No.72 of 2017 seeking interim maintenance of
Rs.1,00,000/- per month and Rs.1,00,000/- towards litigation
expenses from the appellant. Learned counsel appearing for the
appellant further submitted that since the respondent husband, being
a Dental Surgeon in Basmath Dental Hospital, Arar, Saudi Arabia, has
been earning a sum of Rs.4,00,000/- per month, the appellant has
filed the above I.A. claiming reasonable compensation of
Rs.1,00,000/-. When the appellant is a B.A. Graduate and living with
her parents in India without any job, to meet out the monthly
expenses, the above application was filed mentioning the monthly
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C.M.A.No.3408 of 2021
remuneration of the respondent. As the respondent husband is liable
to pay the interim maintenance, the Family Court, without looking
into the veracity of the affidavit filed by the appellant stating that the
respondent has been earning a sum of Rs.4,00,000/-, has ordered
only a sum of Rs.15,000/- towards monthly maintenance to be paid
by the respondent. Aggrieved thereby, the present appeal has been
filed.
3.When the learned counsel for the appellant pleaded before us
as to the income of the respondent stating that he is earning monthly
income of Rs.4,00,000/-, we posed a question as on what basis the
appellant reached a conclusion that the respondent is receiving
Rs.4,00,000/- as monthly remuneration. In reply, learned counsel
for the appellant submitted that the appellant was informed during
the time of marriage that the respondent has been earning a sum of
Rs.4,00,000/- per month.
4.But, we are unable to accept the submissions made by the
learned counsel appearing for the appellant. Since the appellant has
not produced any valid documentary evidence to show that the
respondent has been earning a sum of Rs.4,00,000/- per month
either before the Family Court or before this Court, we are not
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C.M.A.No.3408 of 2021
inclined to entertain this appeal. In the absence of any documentary
evidence to
https://www.mhc.tn.gov.in/judis
C.M.A.No.3408 of 2021
T.RAJA,J.
and
D.BHARATHA CHAKRAVARTHY,J.
vga
substantiate the claim of Rs.4,00,000/- per month towards
remuneration, the Family Court has rightly directed the respondent to
pay a sum of Rs.15,000/- towards monthly maintenance to the
appellant, which cannot be found fault. Therefore, this appeal stands
dismissed. Consequently, C.M.P. No.19669 of 2021 stands closed. No
costs.
[T.R.,J.] [D.B.C.,J.]
07.12.2021
vga
To
1.The Family Court, Salem.
2.The Section Officer,
V.R. Section,
High Court, Madras.
C.M.A. No.3408 of 2021 and C.M.P. No.19669 of 2021
https://www.mhc.tn.gov.in/judis
