Madras High Court
Mr.R.Devaraj vs S.Mary Srija on 20 December, 2021
C.M.A.No.3468 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A.No.3468 of 2021
Mr.R.Devaraj .. Appellant
-vs-
S.Mary Srija .. Respondent
Memorandum of Grounds of Civil Miscellaneous Appeal filed under
Section 19 of the Family Courts Act, 1984, against the fair and decretal order
dated 18.03.2021 made in I.A.No.4291 of 2018 in O.P.No.2447 of 2016 on
the file of the II Additional Family Court, Chennai.
For Appellant :: Mr.K.Balasubramaniam
For Respondent/Caveator:: Mr.S.M.Muralidharan
JUDGMENT
(Judgment of the Court was made by T.RAJA, J.)
This civil miscellaneous appeal has been directed against the fair and
decretal order dated 18.3.2021 passed by the II Additional Family Court,
Chennai in I.A.No.4291 of 2018 in O.P.No.2447 of 2016, directing the
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C.M.A.No.3468 of 2021
appellant to pay a sum of Rs.10,000/- per month towards interim maintenance
from the date of petition i.e., 5.3.2018 and also to pay a sum of Rs.15,000/-
towards litigation expenses to the respondent, pending disposal of the divorce
proceedings initiated by the appellant/husband in O.P.No.2447 of 2016.
2. Learned counsel appearing for the appellant submitted that the
marriage between the appellant and the respondent was solemnized according
to Christian rites and customs on 15.5.2006 at the Parish Priest of Holy
Trinity Church, Golden George Nagar, Chennai and out of the said wedlock,
a female child namely D.Adline Liney was born on 12.3.2007, who is now
aged about 14 years and continues to be in the custody of the
respondent/mother. It is also stated that the appellant has studied 12th
Standard and is working as a Driver in the Metropolitan Transport
Corporation Limited, Chennai and drawing a meagre salary. According to the
appellant, whenever the appellant goes for duty, the respondent used to go to
her parents house and stay there. It is further stated that the respondent is a
Graduate in Science and working as a Nurse in a private hospital. However,
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C.M.A.No.3468 of 2021
misunderstanding arose between the appellant and the respondent on the ill
advise given by the respondent's parents and at times, the respondent
assaulted the appellant by pulling his hair and hitting on his face and
scratching him with her nails in a fit of anger. In spite of all the harassment at
the hands of the respondent, the appellant performed his duties as a dutiful
husband. But the respondent, without any valid reason, left the matrimonial
home on 7.5.2009. Therefore, the appellant filed a petition under Section 32
of the Indian Divorce Act seeking restitution of conjugal rights in
I.D.O.P.No.71 of 2009 before the District Court, Tiruvallur. In the meantime,
since the respondent accepted for reunion and joined the appellant, the said
petition was dismissed as not pressed. But after six months, the respondent
again left the matrimonial home and started picking up quarrels with the
appellant. On 18.2.2016, she also lodged a false criminal case against the
appellant and the appellant was released on bail. Since the respondent has
continuously treated the appellant with cruelty and all the efforts taken by him
to pacify her for reunion also ended in vain, he was constrained to file the
petition for divorce under Section 10(1)(x) of the Indian Divorce Act, 1869 in
O.P.No.2447 of 2016 before the II Additional Family Court, Chennai.
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C.M.A.No.3468 of 2021
Pending the above divorce proceedings, the respondent has filed the
interlocutory application in I.A.No.4291 of 2018 under Section 36 of the
Indian Divorce Act seeking interim maintenance of Rs.20,000/- per month
and also a sum of Rs.25,000/- as litigation expenses. Learned counsel further
submitted that the Court below, ignoring the fact that the respondent is
working as a Nurse in a private hospital and earning a sum of Rs.25,000/-,
without any documentary evidence, has ordered the payment of Rs.10,000/-
per month as interim maintenance from 5.3.2018 together with the litigation
expenses of Rs.15,000/- to the respondent. Hence, the impugned fair and
decretal order passed by the Court below is liable to be interfered with, he
pleaded.
3. Per contra, learned counsel appearing for the respondent submitted
that although the respondent is working as a Nurse in a private hospital, she is
unable to maintain herself and her daughter, who is now aged about 14 years
and studying 10th Standard in Velammal Matriculation School with the
meagre income of Rs.6,250/- per month. Considering the fact that the
appellant is working as a Driver in the Metropolitan Transport Corporation
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C.M.A.No.3468 of 2021
Limited, Chennai and earning a decent salary, the Court below, taking into
account the interest of the minor daughter who is staying with her mother, has
rightly ordered the payment of Rs.10,000/- per month as the monthly
maintenance from the date of petition i.e., 5.3.2018 together with a sum of
Rs.15,000/- towards litigation expenses to the respondent, pending disposal
of the divorce proceedings, which does not call for any interference.
4. Having heard the learned counsel appearing for the parties,
considering the submission made by the learned counsel appearing for the
appellant that the appellant is ready for reunion by forgiving the act of the
respondent in visiting the police station and making a criminal complaint, if
she also agrees for reunion, pending the divorce proceedings, by order dated
17.12.2021, we directed both the parties to appear in the Court on
20.12.2021 at 2.15 p.m., along with their respective counsel.
5. Accordingly, when the matter has been taken up today, both the
appellant and the respondent appeared before us. After counselling, although
the appellant has agreed for reunion, the respondent only insisted for payment
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C.M.A.No.3468 of 2021
of the monthly interim maintenance to maintain herself and her daughter.
Although we indicated to the learned counsel appearing for the appellant to
settle the matter once and for all, the respondent was not forthcoming to such
proposal. Therefore, we proceeded to hear the matter on merits.
6. The appellant, assailing the fair and decretal order, has produced a
xerox copy of the pay slip issued by the Metropolitan Transport Corporation
Limited, Chennai for the month of February, 2016 before us. A perusal of the
same shows that the appellant earned a sum of Rs.22,787/- as gross salary
and after deduction of a sum of Rs.3,956/- under various heads, the take
home pay received was Rs.18,831/-. The respondent also frankly admitted
that she is also working as a temporary Laboratory Technician and drawing a
monthly salary of Rs.8,000/-. In view of the above, learned counsel
appearing for the appellant stated that the payment of Rs.10,000/- per month
as interim maintenance ordered by the Court below would not be justified and
untenable, for the reason that the appellant has to take care of his family
expenses and also to look after his aged and ailing mother. However, learned
counsel appearing for the respondent submitted that the respondent has to
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C.M.A.No.3468 of 2021
take care of her daughter studying in 10th Standard.
7. Considering the facts and circumstances of the case that the
appellant has to take care of his aged and ailing mother and the respondent
also has to take care of her minor daughter studying in 10th Standard,
modifying the impugned fair and decretal order so far as the payment of
monthly maintenance is concerned, we direct the appellant to pay a sum of
Rs.8,000/- per month as interim maintenance from January, 2022 to the
respondent on or before 10th day of every English calendar month regularly,
till the disposal of the O.P.No.2447 of 2016 by the Court below. However,
so far as the arrears of maintenance from March, 2018 to December, 2021 is
concerned, the appellant is directed to pay the said sum of Rs.3,60,000/-
(Rs.8000 x 45) to the respondent within a period of three months from the
date of receipt of a copy of this order. However, the direction of the Court
below for payment of Rs.15,000/- towards litigation expenses to the
respondent remains unaltered.
8. Lastly, both the learned counsel appearing for the appellant and the
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C.M.A.No.3468 of 2021
respondent jointly submitted that since the divorce proceeding is pending
from the year 2016, a direction may be issued to the Court below to dispose
of the matter as expeditiously as possible. Accepting their joint request and
considering the fact that the matter is pending from the year 2016, we direct
the Court below to dispose of the O.P.No.2447 of 2016 on merits and in
accordance with law within a period of six months from the date of receipt of
a copy of this order. Accordingly, the civil miscellaneous appeal stands
disposed of in the above terms. Consequently, C.M.P.No.19982 of 2021 is
closed. However, there is no order as to costs.
Speaking/Non speaking order (T.R.,J.) (D.B.C.,J.)
Index : yes/no 20.12.2021
ss
To
1. The V Additional Principal Judge
Full Additional Charge of
II Additional Family Court
Chennai
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C.M.A.No.3468 of 2021
T.RAJA, J.
and
D.BHARATHA CHAKRAVARTHY, J.
ss
C.M.A.No.3468 of 2021
20.12.2021
https://www.mhc.tn.gov.in/judis
