Madras High Court
Saravanakumar vs Gunasundari @ Sumathi on 10 February, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A(MD)NO.375 of 2020
and
C.M.P(MD)No.4800 of 2020
Saravanakumar :Appellant/Respondent/Respondent
.vs.
Gunasundari @ Sumathi :Respondent/Petitioner/Petitioner
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the
Family Courts Act praying this Court to set aside the fair and
decretal order passed in I.A.No.168 of 2019 in H.M.O.P.No.117 of
2018, dated 17.09.2019, on the file of Family Court, Dindigul.
For Appellant :Mr.U.Antony Santhosh
For Respondent :Ms.M.Aasha
JUDGEMENT
*************
[Judgement of the Court was made by PUSHPA SATHYANARAYANA,J.]
This Civil Miscellaneous Appeal is directed against the order
passed in I.A.No.168 of 2019 in H.M.O.P.No.117 of 2018, dated
17.09.2019, on the file of Family Court, Dindigul.
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2.The husband, who is the appellant herein, has filed
H.M.O.P.No.117 of 2018 for divorce against his wife, in which, the
wife had filed the above I.A.No.168 of 2019 in H.M.O.P.No.117 of
2018 claiming a sum of Rs.35,000/- per month as interim
maintenance and Rs.50,000/- towards litigation expenses.
3.The learned Family Court Judge, after enquiry, found that
the husband is earning a sum of Rs.1 lakh per month which was
not denied by the wife. The wife is now taking care of her two
children born out of the wedlock.
4.The learned counsel for the respondent would submit that
the wife, who was a Professor in a College, is not in employment as
on today. There is no reason forthcoming from the wife that why
she has not taken any further steps for employment. Both the
children are with the mother and started going to school.
5.The learned Judge, Family Court,Dindigul had awarded the
sum as claimed by the wife as interim maintenance without even
considering what is the capacity and commitment of the husband.
The appellant has also produced the Medical Report of his parents
to show that they have been given medical treatment and also
Housing Loans Certificate wherein he has been repaying the loan
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amount in equal instalments.
6.Considering the above aspects, it would be appropriate to
award a sum of Rs.20,000/-p.m. to the wife towards interim
maintenance for herself and the children pending disposal of the
above H.M.O.P. The sum of Rs.20,000/-awarded towards litigation
expenses would stand confirmed.
7.In the light of theabove discussion,the order of the learned
Judge,Family Court, Dindigul in I.A.No.168 of 2019 in H.M.O.P.No.
117 of 2018, dated 17.09.2019 is modified to the effect that
instead of Rs.35,000/-p.m., the Petitioner/husband would pay Rs.
20,000/- to the wife towards interim maintenance from the date of
petition till the disposal of HM.O.P. The said amount should have
been paid from the date of petition till the disposal of the
H.M.O.P.No.117 of 2018, without any arrears. If the husband has
already paid the interim maintenance at the rate of Rs.35,000/- as
per the order of the Court below, the same may be adjusted in the
future payments. The learned Judge,Family Court, Dindigul is
directed to dispose of the H.M.O.P.No.117 of 2018 as expeditiously
as possible.
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8.With the above directions, the Civil Miscellaneous Appeal is
partly allowed as indicated. No costs. Consequently,connected Civil
Miscellaneous Petition is closed.
[P.S.N.,J.] & [S.K.,J.]
10.02.2021
Index:Yes/No
Internet:Yes/No
vsn
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall be
the responsibility of the
Advocate / litigant
concerned.
To
1.The Judge,
Family Court,
Dindigul.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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PUSHPA SATHYANARAYANA, J.
AND
S.KANNAMMAL, J.
vsn
JUDGMENT MADE IN
C.M.A(MD)NO.375 of 2020
and
C.M.P(MD)No.4800 of 2020
10.02.2021
http://www.judis.nic.in
