Madras High Court
P.N.Balasubramanyam vs D.Devi @ Revathi on 1 August, 2022
C.M.A.No.2417 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.M.A.No.2417 of 2021
and C.M.P.No.13763 of 2021
P.N.Balasubramanyam ... Appellant
Vs.
D.Devi @ Revathi ... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of the
Family Court Act, 1984, against the fair and decreetal order dated 20.03.2021
made in I.A.No.1 of 2019 in O.P.No.2223 of 2019 on the file of the II
Additional Family Court, Chennai.
For Appellant : Mr.K.Govindan
For Respondent : M/s.A.Sumathy
1/8
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C.M.A.No.2417 of 2021
JUDGMENT
[Judgment of the Court was delivered by V.M.VELUMANI,J.]
The present appeal is filed challenging the order dated 20.03.2021 made
in I.A.No.1 of 2019 in O.P.No.2223 of 2019 on the file of the II Additional
Family Court, Chennai.
2.The appellant is husband and respondent is wife. The appellant filed
O.P.No.2223 of 2019 against the respondent for dissolution of marriage
conducted between the appellant and respondent on 16.06.2017. In the said
O.P., the respondent filed I.A.No.1 of 2019 seeking interim maintenance of
Rs.20,000/- per month and Rs.20,000/- towards litigation expenses. In the said
application, the respondent made various averments with regard to merits of
O.P., which are not relevant to decide the present Civil Miscellaneous Appeal.
According to the respondent, the appellant is working as a Senior Manager
(Accounts) in M/s.Vector Private Limited Company and is earning a sum of
Rs.50,000/- per month. The respondent is unemployed and unable to maintain
herself and she is finding it difficult to maintain her day-to-day expenses. The
appellant failed to maintain the respondent and hence, filed the present petition.
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C.M.A.No.2417 of 2021
3.The appellant, in the counter affidavit filed in the present application,
made various averments denying the averments of the respondent made in
respect of the main O.P. According to the appellant, he is not getting
Rs.50,000/- per month as alleged by the respondent. His monthly salary is only
Rs.33,700/-. Out of that amount, he has to pay Rs.11,700/- towards monthly
rent for the house, maintain his aged parents and has to spend money for their
medical expenses. The respondent is working in M/s.D4E Network India
Private Limited and is earning a sum of Rs.19,000/- per month, which she
admitted in the counselling conducted in the main O.P. In view of the same, the
respondent is not entitled for any interim maintenance and prayed for dismissal
of I.A.
4.The learned Judge considering the averments made in the affidavit and
counter affidavit, directed the appellant to pay a sum of Rs.10,000/- per month
towards interim maintenance from the date of petition viz., 12.09.2019 and
Rs.20,000/- towards litigation expenses.
5.Against the said order dated 20.03.2021 made in I.A.No.1 of 2019 in
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C.M.A.No.2417 of 2021
O.P.No.2223 of 2019, the appellant has come out with the present appeal.
6.The learned counsel appearing for the appellant reiterated the
averments made in the counter affidavit and further contended that the
appellant resigned his job from 15.10.2019 and due to Covid, he is unable to
get any other employment. He further contended that the appellant filed 3 pay
slips and his resignation letter along with the counter affidavit. The learned
Judge failed to consider the documents filed by him and contention of the
appellant that the respondent admitted in the counseling that she is working in
M/s.D4E Network India Private Limited and is earning a sum of Rs.19,000/-
per month. In view of the same, she is not entitled for any interim maintenance
and prayed for setting aside the order made in I.A.No.1 of 2019.
7.Per contra, the learned counsel appearing for the respondent submitted
that appellant is gainfully employed and is getting considerable amount as
salary. It is the duty of the appellant to maintain the respondent who is his wife.
The respondent has no independent income. The learned Judge considering the
same, has rightly ordered interim maintenance and prayed for dismissal of the
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C.M.A.No.2417 of 2021
Civil Miscellaneous Appeal.
8.Heard the learned counsel appearing for the appellant as well as the
respondent and perused the entire materials available on record.
9.From the materials on record, it is seen that both the appellant and
respondent have not let in any oral evidence. It is not the case of the
respondent that she produced document to show that appellant was earning a
sum of Rs.50,000/- per month. On the other hand, the learned counsel
appearing for the appellant contended that the learned Judge has failed to
consider the 3 pay slips and resignation letter filed by the appellant before him.
The learned counsel appearing for the respondent did not deny that the
appellant has filed the said documents before the learned Judge. Further, it is
the case of the appellant that the respondent has admitted in the counselling
conducted in the O.P. that she is working in M/s.D4E Network India Private
Limited and is earning a sum of Rs.19,000/- per month. Now, the learned
counsel for the appellant produced the letter issued by M/s.Vector Projects (L)
Pvt. Ltd., accepting the resignation of the appellant and relieving the appellant
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C.M.A.No.2417 of 2021
with effect from 15.10.2019.
10.Both the appellant and respondent have not filed any document to
show that other party is employed and income is received. It is well settled that
it is the duty of the husband to maintain the wife. Considering the materials on
record in its entirety, it would be just and proper to direct the appellant to pay a
sum of Rs.5,000/- per month to the respondent towards interim maintenance
from the date of petition till the date of disposal of O.P. and Rs.20,000/-
towards litigation expenses. The impugned order of the learned Trial Judge
dated 20.03.2021 made in I.A.No.1 of 2019 in O.P.No.2223 of 2019 is
modified, directing the appellant to pay a sum of Rs.5,000/- (Rupees Five
thousand only) to the respondent towards interim maintenance regularly on or
before 10th of every month and a sum of Rs.20,000/- granted by the Tribunal
towards litigation expenses is confirmed. The appellant is directed to pay the
arrears of interim maintenance at the rate of Rs.5,000/- per month from the date
of petition viz., 12.09.2019 till August 2022, amounting to Rs.1,80,000/- [36
months x Rs.5,000/-] within a period of eight weeks from the date of receipt of
a copy of this judgment. Considering the averments made in the counter
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C.M.A.No.2417 of 2021
affidavit filed in I.A.No.1 of 2019 as well as the contention of the learned
counsel appearing for the appellant that the respondent has not filed counter
statement in main O.P.No. 2223 of 2019 and only to drag on the main O.P., she
has filed I.A.No.1 of 2019, the respondent is directed to file counter statement,
if not already filed, within a period of two weeks from the date of receipt of a
copy of this judgment. The learned Trial Judge is directed to dispose of the
O.P.No.2223 of 2019 as expeditiously as possible, in any event, within a period
of six months from the date of receipt of a copy of this judgment.
With the above directions, this Civil Miscellaneous Appeal is partly
allowed. Consequently, connected Miscellaneous Petition is closed. No costs.
(V.M.V., J) (S.S., J)
01.08.2022
Index : Yes / No
gsa
https://www.mhc.tn.gov.in/judis
C.M.A.No.2417 of 2021
V.M.VELUMANI,J.
and
S.SOUNTHAR,J.
(gsa)
To
1.The V Additional Principal Judge,
Full Additional Charge of
II Additional Family Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.2417 of 2021
01.08.2022
https://www.mhc.tn.gov.in/judis
