Madras High Court
K.V.Selvam vs Bharathy on 9 December, 2021
C.M.A. No.3543 of 2021 and C.M.P. No.20568 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A. No.3543 of 2021 and C.M.P. No.20568 of 2021
K.V.Selvam ... Appellant
vs
Bharathy ... Respondent
Prayer: Appeal filed under Section 19 of the Hindu Marriage Act 1984 against
the fair and decretal order dated 08.04.2019 passed by the V Additional
Family Court, Chennai in I.A. No.976 of 2018 in H.M.O.P. No.2183 of 2012.
For Appellant : Ms.T.Sree Lekha
For Respondent : Mr.J.Saravana Vel
JUDGMENT
[Judgment of this Court was delivered by T.RAJA, J.]
This appeal has been directed against the impugned decretal order
dated 08.04.2019 passed by the V Additional Family Court, Chennai in I.A.
No.976 of 2018 in H.M.O.P. No.2183 of 2012 directing the appellant husband
to pay a sum of Rs.15,000/- towards monthly maintenance to the
respondent wife from the date of filing the petition.
2.Learned counsel appearing for the appellant/husband submitted that
the appellant has filed the above petition in H.M.O.P. No.2183 of 2012 before
the V Additional Family Court, Chennai seeking dissolution of marriage
https://www.mhc.tn.gov.in/judis
C.M.A. No.3543 of 2021 and C.M.P. No.20568 of 2021
solemnised between the appellant and the respondent on 02.02.1996 under
Section 13(i)(i-a) of the Hindu Marriage Act, 1955 on the ground of cruelty.
During the pendency of the divorce petition, the respondent wife filed an
Interim Application in I.A. No.976 of 2018 under Section 24 of the Hindu
Marriage Act seeking monthly maintenance of Rs.40,000/- and Rs.30,000/-
for her and her son. Learned counsel appearing for the appellant further
submitted that the appellant/husband is taking care of his daughter, aged
about 24 years, whereas the respondent/wife is taking care of her son, aged
about 20 years, who is pursuing his studies. However, the V Additional
Family Court, Chennai, without considering the counter affidavit filed by the
appellant, by partly allowing the application filed by the respondent, has
directed the appellant to pay a sum of Rs.15,000/- per month to the
respondent towards interim maintenance. Aggrieved by the same, the
appellant has come to this Court.
3.Heard the learned counsel appearing for the appellant and the
learned counsel appearing for the respondent.
4.It is not in dispute that the appellant is taking care of his daughter,
aged about 23 years and the respondent is taking care of her son, aged
about 20 years. Although the the respondent wife filed an Interim Application
in I.A. No.976 of 2018 under Section 24 of the Hindu Marriage Act seeking
monthly maintenance of Rs.40,000/- and Rs.30,000/- for her and her son,
appreciating the case of both sides, the V Additional Family Court, Chennai,
https://www.mhc.tn.gov.in/judis
C.M.A. No.3543 of 2021 and C.M.P. No.20568 of 2021
has passed the fair and decretal order directing the appellant to pay only a
sum of Rs.15,000/- per month to the respondent towards interim
maintenance, which, in our opinion, cannot be found fault.
5.Learned counsel appearing for the respondent requested this Court
to direct the appellant to pay the arrears amount of Rs.5,00,000/-, which is
denied by the learned counsel appearing for the appellant by stating that the
arrears is only about Rs.4,00,000/-.
6.Therefore, this Court grants 45 days' time to the appellant for
clearing the entire admitted arrears amount. The V Additional Family Court,
Chennai is directed to take up the H.M.O.P. No.2183 of 2012 and dispose of
the same, on merits and in accordance with law expeditiously. Accordingly,
the appeal stands dismissed. Consequently, C.M.P. No.20568 of 2021 stands
closed. No costs.
[T.R.,J.] [D.B.C.,J.]
09.12.2021
vga
To
1.The V Additional Family Court, Chennai.
2.The Section Officer,
V.R. Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.A. No.3543 of 2021 and C.M.P. No.20568 of 2021
T.RAJA,J.
and
D.BHARATHA CHAKRAVARTHY,J.
vga
C.M.A. No.3543 of 2021 and C.M.P. No.20568 of 2021
09.12.2021
https://www.mhc.tn.gov.in/judis
