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Mr.D.Sivakumar vs Mrs.Parimala
2021 Latest Caselaw 11541 Mad

Citation : 2021 Latest Caselaw 11541 Mad
Judgement Date : 11 June, 2021

Madras High Court
Mr.D.Sivakumar vs Mrs.Parimala on 11 June, 2021
                                                                                  C.M.A.Nos.615/18 & 4054/19

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              RESERVED ON : 03.03.2021
                                            DATE OF DECISION : 11.06.2021

                                                          CORAM:

                                         THE HONOURABLE MR.JUSTICE T.RAJA

                                                            AND

                                   THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN


                                           C.M.A.Nos.615 of 2018 and 4054 of 2019

                     Mr.D.Sivakumar                                      .. Appellant in CMA.No.615/18 &
                                                                       .. Respondent in CMA.No.4054/19

Vs

Mrs.Parimala .. Respondent in CMA.No.615/18 & .. Appellant in CMA.No.4054/19

Prayer in C.M.A.No.615/18 : Civil Miscellaneous Appeal is filed under Section

19 of the Family Courts Act, 1984, against the fair and decreetal order passed by

the learned IV Additional Family Court Judge, Chennai, in O.P.No.4364/2013,

dated 27.12.2017, with regard to ordering payment of monthly maintenance at

the rate of Rs.25,000/- per month from the date of filing of O.P.

Prayer in C.M.A.No.4054/19 : Civil Miscellaneous Appeal is filed under Section

19 of the Family Courts Act, 1984, read with Section 28 of Hindu Marriage Act,

1955, against the fair and decreetal order passed by the learned IV Additional

https://www.mhc.tn.gov.in/judis/ C.M.A.Nos.615/18 & 4054/19

Family Court Judge, Chennai, in O.P.No.4364/2013, dated 27.12.2017, insofar as

dismissing the prayer seeking divorce on the ground of cruelty and against the

dismissal of the prayer seeking permanent alimony.

                                     For Appellant/husband           : Mrs.S.Thamizharasi

                                     For Respondent/wife             : Mrs.A.Arulmozhi

                                                   COMMON JUDGMENT

(Judgment of the Court was delivered by T.RAJA, J.)

Both husband and wife have filed separate appeals challenging the

impugned fair and decreetal order passed by the learned VI Additional Family

Court Judge, Chennai, in O.P.No.4364 of 2013, dated 27.12.2017, rejecting the

payer for divorce and directing the husband to pay Rs.25,000/- towards monthly

maintenance.

2. Mr.D.Sivakumar/husband has filed C.M.A.No.615 of 2018 questioning

the grant of monthly maintenance to the tune of Rs.25,000/- per month.

3. Mrs.Parimala/wife has filed C.M.A.No.4054 of 2019 challenging the

dismissal of divorce petition filed under Section 13(1)(ia) of the Hindu Marriage

Act and also against the dismissal of prayer seeking permanent alimony under

Section 25 of the Hindu Marriage Act.

https://www.mhc.tn.gov.in/judis/ C.M.A.Nos.615/18 & 4054/19

4. Mrs.A.Arulmozhi, learned counsel appearing for the appellant/wife in

C.M.A.No.4054 of 2019, submitted that the marriage between the appellant/wife

and the respondent/husband was solemnized on 24.04.1996 at Thayar Abooy

Thirumana Mandapam, Cheyyar, as per Hindu Rites and Customs. Out of the

said wedlock, a female child by name Ojas Sivakumar was born to them on

30.05.1997, and she is now practicing legal profession as a junior lawyer. After

living together in Visakapatnam from 09.05.1996 to 26.09.1998, they are now

settled in Chennai since 2000. The respondent/husband's parents owned a house

in Velachery, Chennai, in which, half of the property i.e. 1000 sq.ft. was

purchased by the appellant/wife's father through a registered sale deed dated

10.06.2002. Now, the wife's parents are living in the ground floor and in the first

floor of the same house, the husband, child and his mother are living. It is

further alleged that the appellant/wife was subjected to physical abuse and

cruelty in various methods of neglect, ill-treatment and chiding in front of her

minor daughter and mother-in-law, and this apart, she was also subjected to

denial of conjugal rights for baseless allegation of having a deviant sexual

orientation with her doctor N.Shalini/PW2 to whom the appellant/wife made

periodical visit to get treated for the mental depression caused by domestic

violence. It is further submitted that the respondent/husband's mother was very

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abusive and insulted her in many ways and on several occasions, the

respondent/husband and his mother used to interfere in her work and tried to

prevent her from doing her job. Whenever the appellant/wife complained to her

husband about his mother undue interference and mental abuse, it was not taken

care of. Moreover, the appellant/wife was not given any financial assistance as

she started earning from 2005 onwards and therefore, the appellant/wife also

shared the expenses of her daughter.

5. It is further submitted that at one point of time, the respondent/husband

made a reckless allegation stating that she was a person of different sexual

orientation and he further accused her stating that she is having physical

relationship with her women colleagues and thereby, she was being labelled as

lesbian etc. The said allegation was denied by the appellant/wife. In view of

continuous ill-treatment, she had preferred a complaint under the Protection of

Women from Domestic Violence Act on 02.04.2012 to the Protection Officer,

Collectorate, Chennai, and thereafter, the respondent/husband was summoned

and he was advised to settle the matter amicably, but, he was not willing to

accept any of the demands made by the appellant/wife. Subsequently, in the

interest of minor child, the appellant/wife did not proceed with the case further.

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When a legal notice was issued on 16.06.2012 seeking consent for mutual divorce

along with custody of minor child and right of residence, a reply notice dated

28.06.2012 was received stating that he was willing for joint custody of child with

a condition that the appellant/wife has to leave the matrimonial home. Since the

respondent/husband was not willing for amicable settlement, divorce by mutual

consent could not be materialized.

6. Continuing further, it is submitted that learned Family Court, while

considering the issue, wrongly dismissed the prayer for divorce, however, it has

granted monthly maintenance to a sum of Rs.25,000/- per month from the date of

filing petition. Learned Family Court came to the conclusion that the wife has

not stated any specific allegation which lead to the filing of petition on the

ground of cruelty, but, the fact remains that she suffered with premorbid

personality, for which, she has been taking treatment with Dr.Shalini/PW2, who

has also submitted a report under Ex.P6 and it indicates that the appellant/wife is

suffering with paranoid disorder and the said doctor also spoken about the same

in her evidence. But, in the absence of any specific finding that the cruel activity

of the respondent/husband is the cause of the appellant/wife's present problem of

premorbid personality or it must be the sole or primary cause of the said ailment,

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it cannot be concluded that her ailment is due to the cruel acts of the

respondent/husband, for, in his cross-examination, the respondent/husband

specifically stated that the report filed by the Psychiatrist/PW2 is only a summary

and not the finding. However, taking note of evidence of Dr.Shalini/PW2,

learned Family Court came to the conclusion that the present ailment of the wife

is not due to the cruel acts of her husband. The said finding of the learned

Family Court cannot be sustained and it is against the material and evidence

produced by the PW2, hence, the impugned fair and decreetal order passed by

the learned Family Court is liable to be set aside.

7. Per contra, Mrs.S.Thamizharasi, learned counsel for the

respondent/husband in C.M.A.No.4054 of 2019, submitted that right from the

date of marriage the behaviour of the appellant/wife was abnormal and many

times, she was in depression for no reason, however, the respondent/husband

did not take the same seriously and in fact, most of the times, she is more

affectionate with female than male including her husband. It is further submitted

that she often used to leave to Pondicherry to meet her lady friend known to her

in the course of business. When he questioned the same, she said that she

needed psychiatric counselling, due to which, he suggested the name of

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Dr.Shalini/PW2, who is having a clinic at Triplicane. After his suggestion, she

took treatment for almost 1 ½ years with PW2 and in the meantime, she

developed a sort of affection with the doctor and started visiting her even when

it was not necessary. Annoyed with her attitude, PW2 informed him that she is

going to stop giving treatment to his wife.

8. Continuing further, she would submit that apart from the above issues,

the appellant/wife was having chronic urinary infection and she has been

continuously taking treatment for the same, for which, PW2 informed him that

for any person with mental stress, this problem tend to crop up and therefore,

reducing the mental stress is the only treatment for urinary infection. Denying

the allegation that there was no physical relationship between them, it is

submitted that she has never done anything to the respondent/husband as a

dutiful wife and even the food is cooked separately by her and the

respondent/husband used to cook food for himself and daughter.

9. Stoutly denying the allegation that there was no conjugal relationship

between them, learned counsel would submit that whenever she was physcially

normal, on the advise of Psychiatric Doctor, there was a sexual relationship

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between them. Besides, terming the allegation of dubbing the appellant/wife as

lesbian as totally false, learned counsel submitted that the respondent/husband

never spoke about her character in such a cheap manner and if such allegation is

true, he would not have taken her to the psychiatric for treatment. On the other

hand, as per the advise of the doctor, the respondent/husband was giving special

care to his wife considering the treatment she was undergoing for Premorbid

personality. Therefore, the petition for divorce filed by her on the ill-advise of

her parents with false allegations is liable to be dismissed.

10. With regard to grant of interim maintenance despite the dismissal

divorce petition, learned counsel relying on a decision of the Hon'ble Apex Court

in the case of Chand Dhawan Vs. Jawaharlal Dhawan [(1993) 3 SCC 406]

submitted that if the petition for divorce fails, then no decree is passed, i.e., the

decree is denied to the applicant and therefore alimony cannot be granted in a

case where a decree is refused because in such a case the marriage subsists.

Therefore, in the case on hand, the grant of interim maintenance at the rate of

Rs.25,000/- per month inspite of rejecting the prayer for divorce is liable to be set

aside.

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11. Heard the learned counsel appearing on either side and perused the

materials available on record.

12. It is an admitted fact that the the appellant/wife is residing in the

ground floor with her parents, whereas the respondent/husband is residing in

the first floor of the same house with his daughter, who is now practicing as a

lawyer. When the appellant/wife has made serious allegations against her

husband alleging that she was not permitted to prepare food; that the

respondent/husband and his mother ill-treated her and not invited in any of their

functions; that the respondent/husband always ill-spoke about the character

without any basis to cast aspersions to their minor daughter aged about 17 years

and thereby minor daughter was forced to avoid the appellant/wife; that the

respondent/husband indulged in constant surveillance of the appellant/wife and

then to see all the emails and communications of her office and business

transactions without informing her; that the respondent/husband hacked the

mail ID of the appellant/wife and thereby levelled false allegation sans verifying

the contents of the same with her; and that the parents of the appellant/wife were

abused continuously, learned Family Court has rightly come to the conclusion

that when the appellant/wife and her parents were residing in the ground floor

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of the same house where her husband and daughter living in the first floor;

atleast either mother or father of the appellant/wife could have come to the Court

and adduced evidence to arrive at a definite conclusion with regard to the

alleged cruelties meted out by the appellant/wife. But, there was no such steps

taken by the appellant/wife. Thus, it is difficult to believe the allegations made

by the appellant/wife against her husband and his mother, especially when they

were residing in the same house as stated supra.

13. Secondly, when she has specifically alleged that her daughter aged

about 17 years was forced to leave from her and that she was not permitted to

visit her daughter, this Court, on 27.01.2021, directed appearance of their

daughter, and accordingly, she appeared before us and deposed that she has

been visiting her mother regularly and there was a misunderstanding between

her father and mother and she refused to speak anything about the allegation

made by her mother against her father, that shows that the allegations made by

the appellant/wife against her husband are devoid of any merit, for the reason

that when she made a written allegation in para 4(g) of divorce petition dated

20.11.2013 that her daughter was forced to avoid visiting her, their daughter

deposed before us that she has been regularly visiting and she did not want to

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stand any side, which shows that the allegation made in para 4(g) of the petition

is bereft of any merit.

14. Coming to other allegation that when both parties are living in the

same house, namely, appellant/wife is living in the ground floor and the

respondent/husband is living in the first floor along with her daughter who is

regularly visiting the appellant/wife, as concluded by the learned Family Court,

neither the mother nor the father of the appellant/wife nor her family members

came to the witness box to give evidence in support her allegation. Therefore,

when the appellant/wife comes to the Court seeking divorce on various

allegations of cruelty, it is not known how her own parents and daughter decline

to speak in support of her allegations, that show that her allegations are baseless.

15. Thirdly, when the appellant/wife has specifically alleged that she was

called as insane in the presence of minor daughter and also her

husband/respondent ill-spoke about her character which caused aspersion to the

minor daughter, to substantiate such allegation, she either opted to examine her

minor daughter or her parents, therefore, we are unable to accept the mere

allegation made by her when it was specifically denied by the

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respondent/husband.

16. Fourthly, Dr.N.Shalini/PW2 also submitted her report under Ex.P6.

Relevant portion of the same as discussed by the learned trial Court is extracted

below:-

“10.......... On perusal of Ex.P6, PW2, the doctor has

opined that the petitioner is suffering with paranoid

disorder and also spoken about the same in her evidence.

11. PREMORBID PERSONALITY: What is it?

Premorbid personality refers to patterns of thinking

interpreting, and understanding oneself relative to the

environment. Premorbid personality traits existing prior to

illness or injury. There is evidence that lifelong personality

traits persist even after traumatic brain injury.

PW2, has observed in her report under Ex.P6, about

the petitioner at page 7 under caption “PREMORBID

PERSONALITY” as follows:

Parimala had been an out going and sociable person

from childhood. She used to visit friends and mingle with

children of her neighbourhood. She had been studious, hard

working and intelligent. She raised in a Hindu family, but

has a more secular mend of mind. Although raised in a

traditional household, with a working father and a home-

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maker mother, Parimala has gradually moved into a more

progressive mindset. During the years of separation from

her husband, she has learnt to fend for herself; but she still

appears inhibited, unable to assert herself with her husband

and his family of origin.”

12......... The doctor has opined about the presenting

problems of the petitioner as follows:-

PRESENTING PROBLEMS:

Mrs.Parimala first reported for consultation on 8th

DEC 2009. Her complaints at this visit were intense

feeling of sadness, disturbed sleep, inner restlessness,

increased appetite and weight gain, frequent recall of past

bitter events in the family, conflicts with her husband and

his family of origin. These symptoms have been showing up

on and off, but in the recent past, she has been increasingly

depressed and felt very neglected by her husband. To take a

break, she went to Pondicherry, to meet a lady friend, who

had been a source of solace. But her husband felt this

behavior was abnormal and they had arguments over this.

This precipitated another quarrel following which the client

had decided to take a psychiatric consultation.”

As could be seen from the report/Ex.P6 submitted by the PW2, it is clear that no

oral or documentary evidence has been produced by the appellant/wife to show

that her husband/respondent has caused any cruelty to her. Hence, we are

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unable to disagree with the findings of the learned Family Court refusing to

grant divorce. Even the other allegation that the respondent/husband indulged

in constant surveillance of her device, mail communications without her

knowledge also could not be established, for, to substantiate the said allegation,

she did not produce any evidence particularly any electronic evidence.

Moreover, when the appellant/wife made an allegation that her

husband/respondent had hacked her mail ID, the same was not established

through electronic evidence or through the persons working in her business

circles, hence, the said allegation cannot be sustained.

17. This apart, Ex.R2/income tax filed by the appellant/wife shows that the

company by name Lexworkz Data Services Private Limited was run by the

appellant/wife and in the said Company, she was working as Managing

Director, and the respondent/husband and the appellant's father were working

as Directors. When the company was running with three Directors including her

husband and her father, the allegation of hacking her emails and other electronic

devices has not been established by adducing any iota of evidence. Therefore,

looking at the case of the appellant/wife, when her own daughter and father and

mother and her colleagues working in her concern have not come forward to

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depose in her favour to say that the respondent/husband has caused mental

cruelty, we are not inclined to accept the case of the appellant/wife as no case has

been made out to invoke Section 13(1)(ia) of the Hindu Marriage Act to dissolve

the marriage.

18. Coming to the direction to pay Rs.25,000/- towards monthly

maintenance to the appellant/wife, that too, from the date of petition i.e.

21.11.2013, in our considered view, the same does not sound good. In this

context, it is relevant to refer to Section 25 of the Hindu Marriage Act, which is

extracted hereunder:-

                                          25.      PERMANENT             ALIMONY           AND

                                   MAINTENANCE--

(1) Any court exercising jurisdiction under this Act

may, at the time of passing- any decree or at any time

subsequent thereto, on application made to it for purpose by

either the wife or the husband, as the case may be, order that

the respondent shall pay to the applicant for her or his

maintenance and support such cross sum or such monthly

or periodical sum for a term not exceeding the life of the

applicant as, having regard to the respondent's own income

and other property, if any, the income and other property of

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the applicant, the conduct of the parties and other

circumstances of the case, it may seem to the court to be

just, and any such payment may be secured, if necessary, by

a charge on the immovable property of the respondent.

(2) If the court is satisfied that there is a change in

the circumstances of either party at any time after it has

made an order under sub-section (1), it may at the instance

of either party, vary, modify or rescind any such order in

such manner as the court may deem just.

(3) If the court is satisfied that the party in whose

favour an order has been made under this section has

remarried or, if such party is the wife, that she has not

remained chaste, or, if such party is the husband, that he

has had sexual intercourse with any woman outside

wedlock, it may at the instance of the other party vary,

modify or rescind any such order in such manner as the

court may deem just.

Permanent alimony and maintenance are contemplated if the Court is satisfied

that there is a just and reasonable cause for payment of permanent alimony and

maintenance. However, an order for permanent alimony or maintenance in

favour of the wife or the husband could only be made when a decree is passed

granting any substantive relief and not where the main petition itself is dismissed

or withdrawn. In the present case, since the learned Family Court has rejected

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the prayer for divorce, grating of relief for permanent alimony cannot hold good.

19. It is well settled legal position that permanent alimony or maintenance

to wife under Section 25 of the Hindu Marriage Act cannot be granted if the

petition for divorce between the parties is dismissed (A reference can be had

from a decision of Madhya Pradesh High Court in Badri Prasad Vs. Smt. Urmila

Mahobiya [AIR 2001 Madhya Pradesh 106])

20. Similarly, our High Court in Ranganatham Vs. Shyamala [AIR 1990

Madras 1], placing reliance on a decision of the Delhi High Court in Smt.

Sushma Vs. Satish Chandra [AIR 1984 Delhi 1] holding that alimony cannot be

granted in a case where a decree for divorce or other decree is refused as

marriage in such a case subsists, held thus:-

“5........................For the discussions already made, I

have no hesitation in holding that the existence of any of

the decrees referred to in Ss. 9 to 13 of the Act is a condition precedent to the exercise of the jurisdiction under S.25(1) of the Act, and the granting the ancillary relief for permanent alimony and maintenance and not when the main petition was dismissed and no

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substantial relief was granted under Ss. 9 to 14 of the Act. Since there was no 'passing of decree' as contemplated under S. 25(1) of the Act, the jurisdiction to pass an order for maintenance under that section

does not arise.”

21. Besides, in a similar circumstances, the Hon'ble Apex Court in Chand

Dhawan's case (cited supra) by referring to various decisions of the High Courts

held thus:-

7. A Division Bench of the Gujarat High Court in

Kadia Harilal Purshottam v. Kadia Lilavati Gokaldas

AIR [1961] Gujarat 202; ruled that the words "at the time of

passing any decree or any time subsequent thereto" occurring

in section 25 meant passing of any decrees of the kind referred

to in the earlier provisions of the Act and not at the time of

dismissing the petition for any relief provided in those

sections, or any time subsequent thereto. It was viewed that

the expression "any decree" did not include an order of

dismissal and that the passing of an order of dismissal of the

petition could not be regarded as the passing of decree within

the meaning of section 25. On that view a petition for

permanent alimony preferred by the wife was dismissed when

the petition of the husband for restitution of conjugal rights

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had been dismissed.

8. In Shantaram Gopalshet Narkar v. Hirabai,

AIR [1962] Bombay 27 Vol. 49, a learned Single Judge of the

Bombay High Court took the view that in order to confer

jurisdiction upon the court to proceed under section 25(1)

there must be a decree as contemplated under the Hindu

Marriage Act and one of the decrees can be under section

10(1) (B). And when the petition was allowed to be

withdrawn, there was no decree passed in favour of the

husband, and if there was no decree, the court had no

jurisdiction to pass any order granting permanent alimony to

the wife under section 25(1).

9. In Minarani Majumdar v. Dasarath Majumdar

AIR [1963] Calcutta 428 Vol. 50, a Division Bench of the

Calcutta High Court ruled that an order dismissing a petition

by the husband for divorce under section 13 is not a decree

within the meaning of section 25 and as such when no

substantive relief is granted under sections 9 to 14, there is no

passing of a decree as contemplated by section 25 and hence no

jurisdiction to make an order for maintenance under the said

section. Harilal's case (supra) of the Gujarat High Court was

noticed and relied upon.

10. A learned Single Judge of the Bombay High Court

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in Shantaram Dinkar Karnik v. Malti Shantaram Karnik, AIR

[1964] Bombay 83 - vol. 51 relying on the earlier decision of

that court in Shantaram Gopalshet's case (supra) and kadia

Hiralal's case (supra) reaffirmed the view that the expression

"passing of any decree" only referred to passing of any decrees

provided for in section 9 to 13 of the Act, even though

technically speaking dismissal of a suit or a petition may be

called a decree but not for the purpose of section 25 conferring

jurisdiction on the Matrimonial Court to grant permanent

alimony.

11. A Division Bench of the Orissa High Court in

Akasam Chinna Babu v. Akasam Parbati & Another AIR

[1967] Orissa 163 - Vol. 54 denied the relief of permanent

alimony when the petition for divorce of the husband had been

dismissed. The views of the Bombay High Court and the

Gujarat High Court above referred to were taken in aid to get

to that view.

12. A three-Judge full bench of the Punjab and Haryana

High Court in Durga as v. Smt. Tara Rani,AIR (1971) Punjab and

Haryana 141 - Vol. 58, in a different context, while determining the

question whether a party to a decree or divorce could apply for

maintenance under sub-section (1) of section 25 of the Act after

which decree has been granted, ruled that the proceedings for grant

of permanent alimony were incidental to the main proceeding and as

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such an application for alimony could be made even after the grant of

the decree for divorce.

13. A learned Single Judge of that Court, however, in

Gurcharan Kaur v. Ram chand AIR 1979 Punjab and Haryana 206

Vol. 66 even while relying, on the full bench decision afore- referred

went on to deny permanent alimony to the wife whose claim for

decree of Nullity of Marriage stood dismissed and on that basis the

petition for alimony was held not maintainable.

14. In Darshan Singh vs. Mst. Daso AIR 1980 Rajasthan

102 - Vol. 67 a learned single Judge of the Rajasthan High Court

made a distinction between the expression "passing any decree"

occurring in section 25 and the expression decree made" under

section 28. He viewed that the former expression meant granting

any relief of the nature stated in sections 9 to 13 while the later

meant granting or refusing the relief. In other words, it meant that

passing of any decree as to mean granting any relief, and the making

of any decree was to mean granting or refusing any relief.

15. A Division Bench of the Delhi High court too in Smt.

Sushma v. Shri Satish Chander AIR 1984 Delhi 1 Vol. 71 taking

stock of the above-referred to views of the Rajasthan, Orissa.

Bombay, Calcutta and Gujarat High Courts affirmedly took the view

that the passing of the decree in section 25 meant the passing of a

decree of divorce, Nullity, Restitution of Conjugal Rights or Judicial

Separation and not the passing of a decree dismissing the petition. It

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was further held that if the petition fails then no decree is passed, i.e.,

the decree is denied to the applicant and therefore alimony cannot be

granted in a case where a decree is refused because in such a case the

marriage subsists. The word "decree" in matrimonial cases was held

to have been used in a special sense different from that in which it is

used in the Civil Procedure Code.

23................... In other words without the marital

status being affected or disrupted by the matrimonial court under the Hindu Marriage Act the claim of permanent alimony was not to be valid as ancilliary or incidental to

such affectation or disruption....................”

From the aforesaid various decisions, it is crystal clear that when a petition for

divorce is dismissed, alimony or maintenance cannot be granted where a decree

for divorce is refused, for, in such a case, approach of any Court granting

alimony or maintenance to the wife, after refusing divorce, will encourage bad

thoughts and negativity, that will heavily impact even on the ideal family,

therefore, the Court of law shall not allow any such possibility. The Courts are

established to promote peace and harmony, hence, the Courts shall unite the

separated couple but not to separate them from the matrimonial bond. In the

case on hand, although learned Family Court has rightly refused to grant the

relief of divorce under Section13(1)(ia) of the Act, it has erred in granting the

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relief of maintenance at the rate of Rs.25,000/- per month.

22. Thus, for the reasons stated above, impugned fair and decreetal order

passed by the learned Family Court in respect of granting maintenance is set

aside, however, the order of refusing to grant divorce is confirmed.

Consequently, C.M.A.No.615 of 2018 filed by the husband is allowed and

C.M.A.No.4054 of 2019 filed by the wife is dismissed. It is seen from the docket

sheet that this Court, vide order dated 02.04.2018, while granting the interim

stay, directed the husband to deposit a sum of Rs.5,00,000/- towards arrears of

maintenance to the credit of O.P.No.4364 of 2013 on the file of IV Additional

Family Court, Chennai. Mrs.A.Arulmozhi, learned counsel for the wife, stated

that the wife has already withdrawn the said amount. Therefore, needless to

state that the said amount need not be collected back by the husband. No Costs.

Connected miscellaneous petitions are closed.

(T.R., J.) (G.C.S., J.) 11.06.2021 rkm Index:yes Speaking

https://www.mhc.tn.gov.in/judis/ C.M.A.Nos.615/18 & 4054/19

T.RAJA, J.

and G.CHANDRASEKHARAN, J.

rkm

To IV Additional Family Court Judge, Chennai.

C.M.A.Nos.615 of 2018 and 4054 of 2019

11.06.2021

https://www.mhc.tn.gov.in/judis/

 
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