Madras High Court
R.Manimozhi vs J.Jeya on 5 October, 2021
CMA(MD)No.887 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :05.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN
and
THE HONOURABLE MR.JUSTICE R. PONGIAPPAN
C.M.A(MD) No.887 of 2021
and C.M.P(MD)No.8362 of 2021
R.Manimozhi ... Appellant/Respondent/Petitioner
-vs-
J.Jeya ... Respondent/Petitioner/Respondent
PRAYER : Civil Miscellaenous Appeal is filed under Section 19 of the
Family Courts Act against the fair and decreetal order passed by the
Family Judge, Madurai in I.A.No.91 of 2020 in H.M.O.P.No.116 of 2019
dated 11.11.2020.
For Appellant :Mr.K.Navaneetharaja
JUDGMENT
(Judgement of the Court was made by V. BHARATHIDASAN, J.)
This Civil Miscellaneous Appeal is filed against the order passed
by the learned Judge, Family Court, Madurai, in I.A.No.91 of 2020 in
H.M.O.P.No.116 of 2019 dated 11.11.2020.
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CMA(MD)No.887 of 2021
2. The appellant herein is the husband, who has filed H.M.O.P.No.
116 of 2019, under Section 9 of the Hindu Marriage Act, seeking
restitution of conjugal rights. Pending the above application, the
respondent herein/wife has filed I.A.No.91 of 2020 under Sections 24
and 26 of the Hindu Marriage Act seeking interim alimony of
Rs.40,000/- to maintain her and minor child and Rs.25,000/- towards
legal expenses. The trial court, after considering the materials on record,
ordered the appellant to pay Rs.15,000/- per month towards interim
maintenance for the wife and minor child. Challenging the above order,
the present appeal has been filed.
3. Mr.K.Navaneetha Raja, learned counsel appearing for the
appellant would vehemently contend that, the petition seeking restitution
of conjugal rights has been filed by the appellant/husband, as the
respondent/wife is voluntarily deserted and living separately. According
to the appellant, despite his best efforts, she is not willing to return to the
matrimonial home to live with the appellant, therefore, the
respondent/wife is not entitled for maintenance. It is his further
submission that even though the appellant is working as Teacher, he is
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CMA(MD)No.887 of 2021
maintaining a big family and he is taking care of the medical expenses of
his aged parents and therefore, he is not in a position to pay
Rs.15,000/- per month, which is very excessive. He would also submit
without considering all the aspects, the Family Court has ordered
maintenance and therefore, the same may be set aside.
4. We have heard the submissions made by the learned counsel for
the appellant and perused the materials available on record.
5. The petition filed by the appellant for restitution of conjugal
rights is pending and the respondent/wife is also contesting the above
petition on various grounds. It is admitted fact that the wife is living
along with the minor child. It is also stated that she is having no means to
maintan herself and the child. The appellant is working as Teacher and
getting monthly salary of Rs.52,000/-. The issue whether the
respondent/wife deserted the husband or not is to be decided based on
the evidence after trial, merely because the appellant filed the petition
seeking restitution of conjugal rights, it will not debar the
respondent/wife seeking for maintainence.
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CMA(MD)No.887 of 2021
6. Considering the above facts, we are of the considered view that
the learned Judge, Family Court, Madurai has rightly ordered Rs.15,000/-
per month towards maintenance and it cannot be considered as excessive
and we find no merit in this appeal. However, considering the fact that
H.M.O.P is of the year 2019, we direct the learned Judge, Family Court,
Madurai, to dispose of H.M.O.P.No.116 of 2019 on merits and in
accordance with law, as expeditiously as possible, prefrerably, within a
period of three months from the date of receipt of a copy of this order.
7. With the above direction, this appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[V.B.D.,J.] & [R.P.A.,J.]
05.10.2021
Index : Yes / No
Internet : Yes / No
CM
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.887 of 2021
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.
To
The Judge, Family Court, Madurai
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.887 of 2021
V.BHARATHIDASAN, J.
and
R.PONGIAPPAN, J.
CM
ORDER MADE IN
C.M.A(MD) No.887 of 2021
and C.M.P(MD)No.8362 of 2021
05.10.2021
https://www.mhc.tn.gov.in/judis/
