Madras High Court
D.Aswathrajan vs Minor A.Thivvit on 4 April, 2022
C.M.A.No.809 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.809 of 2022
and
C.M.P.No.5806 of 2022
D.Aswathrajan ... Appellant
Vs.
1.Minor A.Thivvit
2.P.L.Divya ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 19 of the Family
Court Act 1984 to set aside the fair and decretal order dated 21.12.2021 made in
I.A.No.1 of 2019 in H.M.O.P.No.1561 of 2019 on the file of the VII Additional
Family Court, Chennai.
For Appellant : Mr.M.Guruprasad
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.809 of 2022
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
This appeal is directed against the order of the VII Additional Family
Court, Chennai passed in I.A.No.1 of 2019 in H.M.O.P.No.1561 of 2019 dated
21.12.2021.
2. The appellant is the father of the first respondent/Minor A.Thivvit. The
marriage between the appellant and the second respondent/P.L.Divya was
solemnized according to the Hindu Rites and Customs on 01.12.2014. During
lawful wedlock, the first respondent was born to them on 18.02.2017. The
second respondent filed H.M.O.P.No.1561 of 2019 for dissolution of the
marriage, whereas, the appellant has filed H.M.O.P.No.609 of 2019 for restitution
of conjugal rights. I.A.No.1 of 2019 was filed by the first respondent seeking a
sum of Rs.40,000/- as interim maintenance.
3.According to the second respondent, after delivery of the child, her
husband and his family members did not take them back to the matrimonial home.
Since then she has been taking care of the child with the help of her aged parents.
https://www.mhc.tn.gov.in/judis
C.M.A.No.809 of 2022
She further stated that now, the child is doing Pre.K.G and she needs money to
meet out his school expenses.
4. The appellant contested the petition and in his counter, it is stated that
his wife is a post-graduate degree-holder and she is working as Software
Engineer and her monthly earning is Rs.1,00,000/-. It is further stated that the
appellant has repaid the delivery expenses and repaying the loan obtained from
HDFC Bank.
5.During the hearing, it came to light that both the husband as well as wife
are employed and they are earning about Rs.65,000/- per month. Hence, the
Family Court rejected the claim of the second respondent and directed appellant
to pay interim maintenance to his minor son at the rate of Rs.20,000/- per month.
6.The learned counsel appearing for the appellant Mr.M.Guruprasad would
argue that parents of the minor child have equal responsibility, hence, the amount
of Rs.20,000/- ordered by the Family Court is on the higher side.
7.We have carefully considered the submission of the learned counsel
appearing for the appellant and perused the materials available on record.
https://www.mhc.tn.gov.in/judis
C.M.A.No.809 of 2022
8.In the matter on hand, the relationship of the parties is not disputed. It
appears that both are working in I.T Companies. Considering the fact that the
child is being taken care of by the mother, the Family Court has ordered payment
of Rs.20,000/- per month as interim maintenance. Even though, the amount
appears to be on the higher side, however, considering the fact that the main
original petitions filed for restitution of conjugal rights and divorce are pending
for the past three years, we are not inclined to entertain the appeal. So, the
Family Court shall dispose of both the original petitions together on merits and in
accordance with law, as expeditiously as possible, preferably within a period of
six months from the date of receipt of a copy of this order.
9.Accordingly, this Civil Miscellaneous Appeal is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
04.04.2022
skn
Index : Yes/No
Speaking Order :Yes/No
https://www.mhc.tn.gov.in/judis
C.M.A.No.809 of 2022
To
1.The Judge,
VII Additional Family Court, Chennai.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.809 of 2022
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.809 of 2022
and
C.M.P.No.5806 of 2022
04.04.2022
https://www.mhc.tn.gov.in/judis
