Madras High Court
P.Suresh vs S.Deepa on 16 February, 2021
C.M.A. No.427 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 16.02.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.M.A. No.427 of 2021 and C.M.P. No.2727 of 2021
P.Suresh ... Appellant
-vs-
S.Deepa ... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family
Courts Act to set aside order passed in I.A. No.301 of 2019 in H.M.O.P.
No.181 of 2019 dated 02.12.2019 on the file of the Family Court,
Cuddalore.
For Appellant : Mr.N.Suresh
For Respondent : Ms.P.Srividya
JUDGMENT
Judgment of this Court was made by T.RAJA,J.
This appeal has been directed against the fair and decretal order dated
02.12.2019 passed by the Family Court, Cuddalore in I.A. No.301 of 2019
in H.M.O.P. No.181 of 2019.
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C.M.A. No.427 of 2021
2.Learned counsel appearing for the appellant/husband submitted that
appellant/husband has filed H.M.O.P. No.1333 of 2018 before the Family
Court, Chennai under Section 12(1)(c) of the Hindu Marriage Act 1955 as
amended by the Marriage Laws (Amendment) Act, 1976 seeking a
declaration that the marriage solemnised on 29.11.2017 at Arul Mighu
Devanatha Swamy Thirukoil, Thiruvanthipuram, Cuddalore District
between the appellant and respondent as null and void. Learned counsel
appearing for the appellant further submitted that after three days from the
date of marriage, due to the unexpected shocking demand made by the
respondent and her mother by way of pre-conditions put against the
appellant to transfer the immovable property in the name of the
respondent/wife and to hand over the entire monthly salary to the
respondent without fail, the appellant and his family members shocked and
astonished to hear the same and that the respondent refused to co-operate
for performing Shanthi Muhurtham. Though serious attempts have been
made to pacify the respondent, the said efforts also failed because the
respondent and her mother insisted for the same as pre-conditions.
Therefore, the appellant has been advised to file the above H.M.O.P.
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C.M.A. No.427 of 2021
No.1333 of 2018. (later on, the same was transferred to the file of the
Family Court, Cuddalore and re-numbered as H.M.O.P. No.181 of 2019)
3.During the pendency of the divorce petition, the respondent moved
an I.A.No.301 of 2019 for payment of Rs.10,000/- towards monthly
maintenance and Rs.1,000/- towards travelling expenses for each and every
hearing and Rs.15,000/- towards litigation expenses. Learned Family Court,
Cuddalore, considering the salary certificate of the appellant showing
Rs.31,364/- as the total gross salary and after deduction of Rs.18,046/-, he
was getting a sum of Rs.13,318/-, directed the appellant to pay a sum of
Rs.5,000/- (Rupees Five Thousand only) as monthly maintenance to the
respondent.
4.Learned counsel appearing for the respondent submitted that the
appellant is not regularly paying the amount. However, he has come to this
Court challenging the amount as unreasonable and higher amount.
5.We have carefully considered the grounds on which the appellant
has knocked the door of the Family Court under Section 12(1)(c) of the
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C.M.A. No.427 of 2021
Hindu Marriage Act, 1995 stating that the respondent deliberately and
willfully failed to co-operate for consummation of marriage by imposing
pre-conditions that the immovable property should be transferred in her
name and that the entire monthly salary should be handed over to her.
Thereafter, the respondent moved the above I.A. No.301 of 2019 seeking
maintenance and the Family Court, Cuddalore, considering the salary
certificate of the appellant showing Rs.31,364/- as the total gross salary and
after deduction of Rs.18,046/-, he was getting a sum of Rs.13,318/-, directed
the appellant to pay a sum of Rs.5,000/- as monthly maintenance to the
respondent.
6.Since it is a bounden duty of the appellant, being the husband, to
pay the maintenance to his wife and the allegations put against the
respondent wife cannot be gone into by this Court and the order passed by
the Family Court, Cuddalore is only an interim arrangement, which seems to
be reasonable, we hereby direct the Family Court to take up the issue on day
today basis and dispose of the matter within a period of three months from
the date of receipt of a copy of this order. Till then, the appellant shall
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C.M.A. No.427 of 2021
continue to pay the maintenance amount. Accordingly, the appeal stands
dismissed. Consequently, C.M.P. No.2727 of 2021 stands closed. No costs.
(TRJ) (GCSJ)
16.02.2021
Index : Yes/No
vga
To
1.The Family Court, Cuddalore.
2.The Section Officer,
V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A. No.427 of 2021
T.RAJA, J.
and
G.CHANDRASEKHARAN,J.
vga
C.M.A. No.427 of 2021 and
C.M.P. No.2727 of 2021
16.02.2021
https://www.mhc.tn.gov.in/judis/
