Madras High Court
Felix Rajan vs Jenuvia Lerince on 5 March, 2021
C.M.A(MD)No.96 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A(MD)No.96 of 2020
and
C.M.P(MD)No.1630 of 2020
Felix Rajan ... Appellant/Petitioner
Vs.
Jenuvia Lerince ... Respondent/Petitioner
Prayer: Civil Miscellaneous Appeal filed under Section 55 of the
Divorce Act, against the Judgment and decree, dated 09.02.2019
passed in I.D.O.P.No.85 of 2018 on the file of the Family Court,
Nagercoil, with regard to the portion of the order directing to pay
Rs.30,000/- towards maintenance.
For Appellant : Mr.S.C.Herold Singh
For Respondent : Mr.M.Ashok Padmaraj
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C.M.A(MD)No.96 of 2020
JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
This Civil Miscellaneous Appeal is directed against the order,
dated 09.02.2019 passed in I.D.O.P.No.85 of 2018, on the file of the
Family Court, Nagercoil.
2.In the said I.D.O.P., the Judge, Family Court, Nagercoil, had
granted a decree of divorce, dissolving the marriage solemnized
between the appellant and the respondent. While granting a decree of
divorce, the appellant was directed to pay a sum of Rs.10,000/- per
month towards maintenance to the respondent till her life time and a
sum of Rs.10,000/- per month each for two of the minor children, who
are with the respondent/wife, till they attain majority. In all, a sum of
Rs.30,000/- was directed to be paid on or before 7th day of every
English calendar month. Now, the Civil Miscellaneous Appeal is
directed only against the grant of maintenance of a sum of
Rs.30,000/- per month.
3.It is stated that the appellant/husband is working as a
P.G Assistant in the Government School and he is also duty bound to
maintain his parents.
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C.M.A(MD)No.96 of 2020
4.Earlier, this Court, vide order dated 29.01.2021, directed both
the parties to arrive at a settlement.
5.Now, it is stated that both the parties could not arrive at a
settlement. Though the appellant is willing to offer a sum of
Rs.15,00,000/- (Rupees Fifteen Lakhs Only) as a lumpsum payment
towards maintenance, the respondent is refusing to accept the same.
6.Heard the learned counsel appearing on either side and
perused the materials available on record.
7.No doubt, the children are studying in a good School and it is
the duty of the father to maintain the children and the wife. It is not in
dispute that the respondent/wife is qualified to be a Teacher and
demanding maintenance from the husband.
8.Admittedly, the respondent/wife had not asked for any
permanent alimony, however, the respondent/wife had filed an
application in I.A.No.88 of 2015 for interim alimony seeking a sum of
Rs.5,000/- per month and a sum of Rs.10,000/- towards litigation
expenses. The said I.A was allowed on 02.07.2016, directing the
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C.M.A(MD)No.96 of 2020
appellant to pay a sum of Rs.5,000/- per month and a sum of
Rs.10,000/- towards litigation expenses to the respondent. Now,
considering the escalation in the cost of living, the wife and children
can be granted an additional sum, however, not Rs.10,000/- each,
when the respondent/wife herself had asked for Rs.5,000/- per
month.
9.The learned counsel appearing for the appellant though
initially would offer to pay a sum of Rs.15,000/- per month to the wife
and the children, after persuasion, agreed to pay a sum of
Rs.20,000/- per month as maintenance for the wife and two children.
10.Considering the facts and circumstances of the case, we are
of the opinion that a sum of Rs.20,000/- per month as maintenance
for the wife and two children are sufficient. Accordingly, we modify the
decree granted by the Family Court, Nagercoil, sofar as the payment
of maintenance to the respondent is concerned.
11.In fine, Clause (2) of the Judgment and Decree, dated
09.02.2018 in I.D.O.P.No.85 of 2018 is modified directing the
appellant/husband to pay a sum of Rs.20,000/- as monthly
maintenance to the wife and two children together.
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C.M.A(MD)No.96 of 2020
12.With the above modification, the Civil Miscellaneous Appeal is
partly allowed. No costs. Consequently, connected Miscellaneous
Petition is closed.
[P.S.N.,J] [S.K.,J.]
05.03.2021
Index :Yes/No
Internet :Yes/No
ps
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C.M.A(MD)No.96 of 2020
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.
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C.M.A(MD)No.96 of 2020
To
1.The Judge,
Family Court,
Nagercoil.
2.The V.R Section (Records),
Madurai Bench of Madras High Court,
Madurai.
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C.M.A(MD)No.96 of 2020
PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
ps
C.M.A(MD)No.96 of 2020
05.03.2021
http://www.judis.nic.in
