Madras High Court
V.Arumugam vs Indumathi on 10 August, 2022
C.M.A.(MD)No.774 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.08.2022
CORAM :
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
C.M.A.(MD)No.774 of 2022
and
C.M.P(MD)No.6936 of 2022
V.Arumugam : Appellant
vs.
1.Indumathi
2.Minor Dhanya Sri :Respondents
(The minor/2nd respondent represented
by her Mother and guardian the 1st
respondent herein)
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicle Act 1988, praying to set aside the fair and decreetal
order dated 28.10.2021 passed in M.C.No.49 of 2021 by the Family
Court, Sivagangai.
For Appellant : Mr.K.Kumaravel
For Respondents : Mr.P.Ganapathi Subramanian
* * *
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C.M.A.(MD)No.774 of 2022
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR,J.)
The Civil Miscellaneous Appeal is directed against the fair and
decreetal order dated 28.10.2021, passed by the Family Court,
Sivagangai, in the application filed by the first respondent/wife and
the minor daughter for maintenance in M.C.No.49 of 2019.
2. Heard Mr.K.Kumaravel, learned counsel for the appellant
and Mr.P.Ganapathi Subramanian, learned counsel for the
respondents. By consent of both sides, this Civil Miscellaneous
Appeal itself is taken up for disposal at the stage of admission.
3. The petitioner is the husband. It appears that the parties
are living separately on account of matrimonial dispute between the
parties. Hence, the first respondent/wife filed M.C.No.49 of 2019
before the Family Court, Sivagangai, under Section 125 Cr.P.C. for
maintenance at the rate of Rs.35,000/- for herself and her minor
daughter/2nd respondent. As against the claim towards maintenance,
education and medical expenses, the first respondent claimed a sum
of Rs.15,000/- for herself and a sum of Rs.20,000/- for her daughter.
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C.M.A.(MD)No.774 of 2022
However, learned Judge, Family Court granted a sum of Rs.5,100/-
towards maintenance of first respondent and a sum of Rs.3,050/-
towards maintenance of her minor daughter from the date of
petition. As against the award of a sum of Rs.8,150/- per month
granted by way of maintenance, the above appeal is preferred by
the husband.
4. The only contention that was urged before the lower
Court was that the petitioner was forced to pay maintenance
pursuant to the directions of this Court in Crl.O.P.(MD) No.12498 of
2019. The said contention was accepted by the lower Court and the
petitioner was directed to pay a sum of Rs.8,150/- after detecting
whatever amount he is supposed to pay as per the order of this
Court. Hence, this Court finds no error in the order of the lower
Court warranting interference by this Court.
5. In view of the above, the Civil Miscellaneous Appeal is
dismissed. No costs. Consequently, connected Miscellaneous
Petition is closed.
6. Learned counsel for the appellant submitted that the
appellant /husband is negotiating with the wife and the parties have
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C.M.A.(MD)No.774 of 2022
agreed for an amicable settlement by making a lumpsum payment to
the first respondent and her minor daughter. This order does not
stand in the way of the parties agreeing for any settlement.
[S.S.S.R., J.] [S.S.Y., J.]
10.08.2022
Index : Yes/No
sj
To
The Judge,
Family Court,
Sivagangai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.774 of 2022
S.S.SUNDAR, J.
and
S.SRIMATHY, J.
sj
C.M.A.(MD)No.774 of 2022
10.08.2022
https://www.mhc.tn.gov.in/judis
