Vishwanath vs Srichandrika Ravindranatha ...
2021 Latest Caselaw 1387 Mad

                                     1

        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                             DATED 21.01.2021

                                 CORAM

         THE HONOURABLE MR.JUSTICE T.RAJA
                       and
   THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

                        C.M.A. No.81 of 2021 and
                         C.M.P. No.593 of 2021

Vishwanath                                               ... Appellant

                                    -vs-

Srichandrika Ravindranatha Sharma                        ... Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family
Court Act to set aside the fair and decretal order dated 27.11.2019 made in
I.A. No.2 of 2019 in O.P. No.704 of 2018 on the file of IV Additional
Family Court at Chennai.


             For Appellant     : Mr.R.Saravanakumar

                               JUDGMENT

This appeal has been directed against the fair and decretal order dated

27.11.2019 passed by the IV Additional Family Court, Chennai allowing

I.A. No.2 of 2019 in O.P. No.704 of 2018 and directing the appellant to pay

a sum of Rs.25,000/- per month each to his wife and the minor child

towards interim maintenance from the date of the petition, namely,

21.06.2019.

2.Aggrieved thereby, the appellant has brought this appeal on the

ground that the IV Additional Family Court, Chennai ought not to have

mechanically entertained and allowed the Interim Application filed under

Section 24 of the Hindu Marriage Act, without considering various vital

aspects raised by the appellant.

3.Learned counsel for the appellant submitted that when the O.P.

No.704 of 2018 was filed under Section 13(1)(ia)(ib) of the Hindu Marriage

Act 1955 seeking decree for dissolution of marriage, the respondent wife

has moved I.A. No.2 of 2019 under Section 24 of the Hindu Marriage Act

seeking a direction against the appellant to pay a sum of Rs.1,15,000/- per

month towards maintenance to her and her child on the premise that the

appellant herein, who is employed in COWI at Gulf as an Accountant

General, has been earning a sum of Rs.40,00,000/- per annum. When the

appellant also has filed his salary slip for the period of October 2019

indicating that he has received Dirahim of 16159 per month, the Family

Court, calculating one Dirahim is equivalent to Rs.19.43 of Indian Rupees,

which in total Rs.3,13,969.37 as a monthly salary, erroneously directed the

appellant to pay a sum of Rs.25,000/- per month each to the wife and the

minor child. Learned counsel for the appellant further submitted that the

appellant is no doubt employed in Dubai as Accountant General in COWI

with the monthly salary of 16159 dirahim and the split up of his salary has

been shown in the salary slip of October 2019 stating that the basic salary,

house rent allowance, transport allowance, utility allowance and PF are

7548, 6667, 1694, 250, 3685 dirahim respectively and after deduction, the

monthly salary comes to only 3863 dirahim. Since the appellant has been

paying house rent allowance, transport allowance, utility allowance and in

addition thereto he has been undertaking flight expenses from Dubai to

Chennai for the sake of proceedings pending before this Court, he is

virtually not taking sufficient money to comply with the order passed by the

Family Court. Therefore, the impugned order passed by the Family Court to

pay maintenance amount of Rs.25,000/- per month to his wife and child is

disproportionate to the source of income of the appellant, hence the same is

liable to be interfered with, he pleaded.

4.When this Court posed a question to the counsel appearing for the

appellant as to the reasonable amount payable towards her interim

T.RAJA, J.

and G.CHANDRASEKHARAN,J.

vga

maintenance, he has not even agreed to pay any reasonable amount. Besides

the above direction given by the IV Additional Principal Judge, Chennai to

the appellant to pay a sum of Rs.25,000/- per month each to the wife and

child is only an interim arrangement, hence, we are not inclined to entertain

this Appeal. Accordingly, the appeal is dismissed. Consequently, C.M.P.

No.593 of 2021 is closed. No costs.

                                                        (TRJ)      (GCSJ)
                                                            21.01.2021
Index       : Yes/No
vga

To

1.The IV Additional Family Court,
  Chennai.

2.The Section Officer,
  V.R.Section,
  High Court, Madras.

                                                  C.M.A. No.81 of 2021 and
                                                    C.M.P. No.593 of 2021