Madras High Court
S.Dhandapani vs Minor D.Riyasri on 13 December, 2021
C.M.A. Nos.1105 of 2018 and 3374 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A. Nos.1105 of 2018 and 3374 of 2019
C.M.P. Nos.9181 of 2018 & 19698 of 2019
S.Dhandapani ... Appellant in both cases
vs
Minor D.Riyasri
rep. by natural guardian and mother
S.Deepika ... Respondent in C.M.A.No.1105 of
2018
S.Deepika ... Respondent in C.M.A.No.3374 of
2019
Prayer in both the cases: Appeals filed under Section 19 of the
Family Courts Act against the fair and decretal order dated
11.04.2017 passed in I.A. Nos.388 & 387 of 2016 in O.P. No.67 of
2016 on the file of the Principal Judge, Family Court at Coimbatore.
For Appellant in both cases : Mr.Micheal Visuvasam
For Respondents in both cases : Mr.D.Udayasuriyan
COMMON JUDGMENT
[Judgment of this Court was delivered by T.RAJA, J.]
The appeals have been brought up by S.Dhandapani, the
appellant herein challenging the impugned decretal order dated
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C.M.A. Nos.1105 of 2018 and 3374 of 2019
11.04.2017 passed by the Principal Judge, Family Court, Coimbatore
in I.A. Nos.388 & 387 of 2016 in O.P. No.67 of 2016, directing him to
pay a sum of Rs.5,000/- and Rs.20,000/- per month to his wife and
daughter respectively as interim maintenance from the date of filing
the petitions.
2.Learned counsel appearing for the appellant submitted that
after the marriage was solemnised on 20.08.2010 at Eswari Mahal
Thirumana Mandapam, Solambedu Road, Thirumullaivoyal, Chennai
in the presence of the well wishers, belonging to both the families,
the respondent wife used to pick up quarrel with the appellant for
filthy and whimsy reasons. Therefore, the appellant husband has filed
the above O.P. No.67 of 2016 seeking dissolution of marriage on the
ground of cruelty made by the respondent. Although at the time of
marriage, the appellant had served at M.Phasis/Hawlett Packard in a
senior level position, US based Company and thereafter, he switched
over to Robert Bosh, a German based Company, during the pendency
of the divorce petition, the respondent wife moved two Interim
Applications in I.A. Nos.387 and 388 of 2016 in O.P. No.67 of 2016
for payment of Rs.15,000/- per month towards interim maintenance
and Rs.15,000/- towards litigation expenses and Rs.30,000/- per
month towards interim maintenance and Rs.67,500/- towards yearly
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C.M.A. Nos.1105 of 2018 and 3374 of 2019
school fees respectively on the premise that the appellant has been
drawing a sum of Rs.2,25,000/- per month. However, the learned
Principal Judge, Family Court, Coimbatore, without considering the
common counter affidavit filed by the appellant in both the I.A.
Nos.387 and 388 of 2016 in O.P. No.67 of 2016, ignoring the vital
fact that the respondent wife is working in Karur Vysya Bank and
drawing a sum of Rs.34,022/- per month and without there being any
affidavit of assets and liabilities filed by both the parties, as per the
judgment passed by the Hon'ble Apex Court in the case of Rajnesh
vs. Neha reported in 2021 (2) SCC 324, directed the appellant to pay
a sum of Rs.5,000/- per month to the respondent wife towards
interim maintenance; Rs.10,000/- towards litigation expenses; and
Rs.20,000/- per month to the minor daughter towards interim
maintenance from the date of the petition by partly allowing the
petition filed by the respondent wife, which is untenable and
unjustifiable. Learned counsel appearing for the appellant further
submitted that a direction may be issued to both the parties to file
their affidavit of assets and liabilities, since the matter is likely to be
taken up on 16.12.2021.
3.Since both the parties have to file their affidavit of assets and
liabilities before the Family Court, Coimbatore, as per the judgment
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C.M.A. Nos.1105 of 2018 and 3374 of 2019
passed by the Hon'ble Apex Court in the case of Rajnesh vs. Neha
reported in 2021 (2) SCC 324 and the matter is likely to be heard by
the Family Court, Coimbatore on 16.12.2021, without expressing our
view on the merits of the matters, we are inclined to direct the
parties to file their affidavit of assets and liabilities before the Family
Court, Coimbatore. Accordingly, both the parties are directed to file
their affidavit of assets and liabilities before the Family Court,
Coimbatore, which shall take up the O.P. No.67 of 2016 and dispose
of the same, on merits within a period of two months from the date
of receipt of a copy of this order.
4.Mr.Micheal Visuvasam, learned counsel appearing for the
appellant undertakes to pay the arrears of maintenance of four
months to the respondent within a period of two weeks.
5.With the above observation and direction, the appeals stand
disposed of. Consequently, C.M.P. Nos.9181 of 2018 & 19698 of 2019
stand closed. No costs.
[T.R.,J.] [D.B.C.,J.]
13.12.2021
vga
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C.M.A. Nos.1105 of 2018 and 3374 of 2019
To
1.The Principal Judge,
Family Court at Coimbatore.
2.The Section Officer,
V.R. Section,
High Court, Madras.
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C.M.A. Nos.1105 of 2018 and 3374 of 2019
T.RAJA,J.
and
D.BHARATHA CHAKRAVARTHY,J.
vga
C.M.A. Nos.1105 of 2018 and 3374 of 2019
C.M.P. Nos.9181 of 2018 & 19698 of 2019
13.12.2021
https://www.mhc.tn.gov.in/judis
