Madras High Court
S.Vignesh vs V.Aarthi on 1 December, 2022
C.M.A.No.2024 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:01.12.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.2024 of 2022
and
C.M.P.No.15583 of 2022
S.Vignesh ... Appellant
Vs.
1.V.Aarthi
2.V.Kanishka (Minor)
daughter of Mr.S.Vignesh
Rep. By her Natural Guardian / Mother Mrs.V.Aarthi
Both are at
No.5, Alpha Crystal, I Floor,
Aandavar Nagar 3rd Street,
Kodambakkam,
Chennai – 600 024. ... Respondents
PRAYER: This Civil Miscellaneous Appeal is filed under Section 19 (1) of
Family Courts Act, 1984 praying to call for the records pertaining to the fair
and decreetal common order dated 01.06.2022 passed in I.A.No.04 of 2021 in
O.P.No.4521 of 2018 on the file of the V Additional Principal Family Court,
1/9
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C.M.A.No.2024 of 2022
Chennai and set aside the same.
For Appellant : Mr.M.Arun.
For Respondents : Mr.N.Premkumar.
JUDGMENT
(Judgment of the Court was delivered by SUNDER MOHAN,J.)
The above Civil Miscellaneous Appeal has been filed by the Appellant /
husband challenging the order passed by the learned V Additional Principal
Judge, V Additional Family Court, Chennai dated 01.06.2022 in I.A.No.4 of
2021 in O.P.No.4521 of 2018 directing the appellant to pay maintenance to
the first and second respondents herein.
2.The appellant had filed divorce petition under section 13(1)(i-a) of
Hindu Marriage Act in H.M.O.P.No.4521 of 2018 before the learned V
Additional Family Court, Chennai for dissolution of marriage held between
the appellant and the first respondent on 22.02.2013 on the ground of cruelty.
3.Pending the said petition, the respondents herein filed I.A.Nos.4 and
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C.M.A.No.2024 of 2022
5 of 2021 in O.P.No.4521 of 2018 praying for interim maintenance at the rate
of 40,000/- pm and Rs.1,00,000/- towards litigation expenses. By a common
order dated 01.06.2022, the V Additional Principal Judge, Family Court,
Chennai directed the appellant to pay Rs.7000/- per month to the first
respondent and Rs.8000/- per month to the second respondent / minor
daughter of the appellant and the first respondent in I.A.No.4 of 2021 towards
interim maintenance.
4.In the petition for interim maintenance filed under Section 24 of
Hindu Marriage Act, 1956, the first respondent pleaded that the marriage
between the first respondent and the appellant took place on 22.02.2013 at
Chennai. Out of the wedlock, a female child was born on 27.02.2014. The
appellant had been indifferent towards her ever since the date of marriage,
especially, after the girl child was born. She had suffered for her basic
requirements. The appellant never supported her financially. He had not
spent any money towards expenses incurred for the child birth and all the
expenses were borne by her parents. The first respondent further stated that
she had to spend substantial money towards the educational expenses of the
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C.M.A.No.2024 of 2022
minor daughter. The appellant is earning nearly Rs.60,000/- per month in a
Software Company and hence, prayed for monthly maintenance of
Rs.40,000/- from the appellant.
5.The appellant in the counter to the said petition, submitted that he is
working on a temporary basis and his monthly earning is only Rs.53,000/-.
He had taken a loan for marriage expenses and paying Rs.26,000/- towards
E.M.I. for the said loan. He is also paying rent for the house and he is
struggling to make both ends meet with his economic salary. On the other
hand, the first respondent is earning Rs.60,000/- per month, as she is
employed in M/s.Forex Company. The first respondent had left the
matrimonial home without any excuse and has made false and baseless
allegations and hence prayed for dismissal of the petition filed for interim
maintenance.
6.Before the Family Court, the respondent examined herself as PW1
and marked Ex.P.1 to Ex.P.4. The appellant examined himself as RW1 and
marked Ex.R.1 to Ex.R.6.
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C.M.A.No.2024 of 2022
7.The learned Judge based on the documents and affidavit of assets and
liabilities filed by either parties by a common order dated 01.06.2022 in
I.A.Nos.4 and 5 of 2021 directed the appellant to pay Rs.7000/- to the first
respondent and Rs.8000/- to the second respondent every month towards
interim maintenance and further directed the appellant to pay Rs.10,000/-
towards litigation expenses. The appellant has not challenged the direction to
pay litigation expenses in I.A.No.5 of 2021 and has only challenged the
direction made in I.A.No.4 of 2021.
8.The appellant had marked Ex.R.1 to Ex.R.6. They are his bank
statement and documents showing his income and loan availed by him.
Ex.R.3 and Ex.R.4 are the certificate issued by the Hospital and discharge
summary issued by another Hospital respectively, to show the medical
expenses incurred by the appellant. The first respondent had marked Ex.P.2
to show that she was on leave without pay from August 2020. She had also
produced an account statement for the period from 01.01.2019 to 31.01.2019
which has been marked as Ex.P.1. The affidavit of assets and liabilities would
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C.M.A.No.2024 of 2022
show that at the time of filing the said affidavit, she was unemployed. The
appellant would state that the first respondent is working in M/s.Forex
Company and is earning Rs.60,000/- per month. However, the appellant was
unable to produce any evidence in support of his claim that the first
respondent is working.
9. The affidavit of assets and liabilities of the appellant would show that
he is incurring monthly expenses and as per the said statement, his take home
pay is Rs.26,000/- per month. The appellant has produced the details of
liabilities and his bank statement to prove the loan taken by him. Therefore,
we are inclined to accept the appellant's version that his take home pay is only
Rs.26,000/-
10.In view of the fact that the appellant is earning Rs.26,000/- per
month and on considering the facts and circumstances of the case, we
consider that it would be in the interest of justice to direct the appellant to pay
Rs.10,000/- per month as interim maintenance to the respondents herein.
The appellant shall pay Rs.5,000/- to the first respondent and Rs.5,000/- to
the second respondent. We also deem it appropriate to direct the V Additional
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C.M.A.No.2024 of 2022
Principal Judge, Family Court, Chennai to dispose of the divorce petition
expeditiously.
11.In nut shell,
(i)The appeal is disposed of by directing the appellant to pay Rs.5,000/-
to the first respondent and Rs.5,000/- to the second respondent per month as
interim maintenance within the 5th day of the every English Calendar month.
(ii)The Learned V Additional Principal Judge, V Additional Principal
Family Court, Chennai is directed to dispose of the H.M.O.P.No.4521 of 2018
as expeditiously as possible and in any event, within a period of four months
from the date of receipt of a copy of this Judgment.
(iii)In the facts and circumstances of the case, there is no order as to
costs. Consequently, connected Miscellaneous Petition is closed.
(V.M.V.,J) (S.M.,J.)
01.12.2022
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C.M.A.No.2024 of 2022
ay
Index : Yes / No
V.M.VELUMANI,J.
and
SUNDER MOHAN,J.
ay
To
1.The V Additional Principal Family Court,
Chennai.
2.The Section Officer
V.R Section
Madras High Court.
C.M.A.No.2024 of 2022
and
C.M.P.No.15583 of 2022
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C.M.A.No.2024 of 2022
01.12.2022
https://www.mhc.tn.gov.in/judis
