Madras High Court
N.Ravi vs K.Bhuvaneswari @ Mahalakshmi on 8 November, 2021
C.M.A.No.3016 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
C.M.A.No.3016 of 2021
and C.M.P. No.17205 of 2021
N.Ravi ... Appellant
vs
K.Bhuvaneswari @ Mahalakshmi ... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 19 of the
Family Courts Act, 1984 against the fair and decretal order dated
24.09.2020 in I.A. No.3174 of 2017 in O.P. No.407 of 2015 passed by
the II Additional Family Court, Chennai.
For Appellant : Mr.S.Ruban Prabu
JUDGMENT
[Judgment of this Court was delivered by T.RAJA, J.]
This appeal has been directed against the impugned interim
maintenance directing the appellant husband to pay a sum of
Rs.9,000/- to the respondent wife from the date of the petition,
namely, 13.11.2017.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3016 of 2021
2.Learned counsel appearing for the appellant husband
submitted that when the appellant has filed an Original Petition in O.P.
No.407 of 2014 under Section 13(1)(i-b) of the Hindu Marriage Act
1955 seeking a decree for dissolution of marriage on the ground of
desertion, during the pendency of the petition, the respondent wife
has moved an application in I.A. No.3174 of 2017 in O.P. No.407 of
2014 claiming a huge sum of Rs.20,000/- per month towards the
interim maintenance from the date of petition till the disposal of the
divorce petition and also litigation expenses of Rs.25,000/- on the
ground that the appellant has been running 2 fancy shops and
newspaper shop at Mahabalipuram and earning Rs.45,000/- per
month. But the fact remains would speak clearly that the appellant is
drawing only a consolidated pay of Rs.7,500/-, for which, the appellant
has also filed a salary slip issued by the Golden Shopping Centre
clearly showing that he has been getting a sum of Rs.7,500/- per
month. Ignoring this fact, the Family Court has directed the appellant
to pay a sum of Rs.9,000/- per month, which is untenable and
unjustifiable. Therefore, the impugned order is liable to be interfered
with.
3.We are unable to find any justification on the part of the
appellant for the double stand taken by him in the counter affidavit
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3016 of 2021
filed by him before the Family Court and in the salary certificate dated
20.11.2015, which are extracted as under:
'8.... in fact this respondent is doing small business by
engaging in small petty shop at Mahabalipuram through
which he has been deriving income for the livelyhood of
this respondent'
Whereas the Salary Certificate says as follows:
'Presently he is drawing salary of consolidated pay
Rs.7,500/- (Seven Thousand Five Hundred only) per
month.'
4.A careful perusal of the averments made by the appellant in
his counter affidavit shows that he is doing small business by engaging
in small petty shop at Mahabalipuram through which he has been
eking out his livelihood. Curiously, he has not even stated as to how
much money he is getting from the above shop. Secondly, the income
certificate issued by Golden Shopping Centre dated 20.11.2015 shows
that he has been drawing consolidated pay of Rs.7,500/-. The same
are not only doubtful, but, also un-acceptable for the simple reason
that when the appellant comes to the Court stating that he is working
as an Employee, he could not have taken a double stand, namely, one
in the counter affidavit stating that he has been doing small business
by running small petty shop at Mahabalipuram and in the Salary
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3016 of 2021
Certificate filed by him stating that he is drawing salary of
consolidated pay of Rs.7,500/- (Seven thousand five hundred only)
per month.
5.When we posed a question to the counsel for the appellant as
to the possibility of filing of an affidavit before this Court stating that
the appellant is not doing any business by running petty shop, he is
not able to accept to do so. Since the appellant has taken a double
stand in the counter affidavit filed by him before the Family Court
stating that he has been running petty small shop at Mahabalipuram
and not even mentioning the monthly income derived therefrom and in
the salary certificate filed by him stating that he is drawing salary of
consolidated pay Rs.7,500/-, we are able to see that he has brought to
this Court false case with uncleaned hands. Hence, this appeal stands
dismissed. Consequently, C.M.P. No.17205 of 2021 is closed. No costs.
[T.R.,J.] [J.S.N.P.,J.]
08.11.2021
vga
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3016 of 2021
To
1.The II Additional Family Court,
Chennai.
2.The Section Officer,
V.R. Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3016 of 2021
T.RAJA,J.
and
J.SATHYA NARAYANA PRASAD,J.
vga
C.M.A.No.3016 of 2021
and C.M.P. No.17205 of 2021
08.11.2021
https://www.mhc.tn.gov.in/judis/
