Madras High Court
A.Feroz Abdul Wahab vs Asma on 4 January, 2022
C.M.A.No.7 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A.No.7 of 2022
A.Feroz Abdul Wahab .. Appellant
Versus
Asma .. Respondent
Prayer: Civil Miscellaneous Appeal has been filed under Section 19 of the Family Court
Act, 1984, against the order dated 25.11.2021 in I.A.No.4 of 2021 in O.P.No.2207 of 2011 on
the file of the Principal Family Court, Chennai.
For Appellant : Mr.K.Elango
For Respondent : Ms.C.Shyaamala for Caveator
JUDGMENT
(Judgment of the Court was delivered by T.RAJA, J.)
Heard Mr.K.Elango, learned counsel for the appellant/husband, and
Ms.C.Shyaamala, learned counsel for the respondent/wife/caveator.
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C.M.A.No.7 of 2022
2. Mr.A.Feroz Abdul Wahab/appellant, wife of Asma/respondent herein has
initially filed a divorce petition under Section 27(1)(d) of the Special Marriage Act, 1954, in
O.P.No.2207 of 2011.
3. Pending divorce petition, the respondent/wife filed I.A.No.4 of 2021 seeking
interim maintenance. By the impugned order dated 25.11.2021, learned Court below
allowed the said interlocutory application by directing the husband to pay the arrears of
interim maintenance of Rs.4,50,320/- as admitted by him on or before 27.12.2021.
Aggrieved by the same, the appellant/husband has filed the present appeal.
4. It is submitted by the learned counsel for the appellant/husband that in the
previous I.A.No.562 of 2012 filed by the wife, learned Court below, by order dated
11.07.2019, directed the husband to pay a sum of Rs.12,83,320/- towards arrears of
maintenance including litigation expenses of Rs.25,000/-. Thereafter, out of the total
arrears of maintenance of Rs.12,83,320/-, the husband has already paid Rs.8,08,000/- and
also Rs.25,000/- towards litigation expenses and therefore, he has to pay only the balance
sum of Rs.4,50,320/- to his wife. It is further submitted that the respondent/wife is also
working as IT Professional in Syntel Inc., Chennai, and she is earning a monthly salary of
Rs.85,000/-. The said fact was not denied by the respondent/wife. Inspite of her earning,
the appellant/husband has been paying a sum of Rs.20,000/- towards monthly interim
maintenance to his wife without any default till date. Therefore, he pleaded, the
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C.M.A.No.7 of 2022
impugned order passed by the Court below directing the appellant husband to clear the
arrears within a short time, failing which, the main OP itself would be dismissed, is unfair.
5. He further submitted that since there are three cases, as stated below, pending
before the Principal Family Court, Chennai, the same may be clubbed together for joint
trial and early disposal of the same.
(i) O.P.No.2207 of 2011 filed by the husband seeking for divorce;
(ii) O.P.No.3458 of 2011 filed by the wife seeking for restitution of
conjugal rights; and
(iii) O.S.No.237 of 2011 filed by the wife seeking to declare the
letters of Talak dated 01.07.2011, 05.09.2011 and 10.11.2011 sent
by the husband as null and void.
By praying to club the aforesaid three cases, he has requested to grant three months time
to clear the pending arrears of Rs.4,50,320/- to his wife.
6. Learned counsel for the respondent/wife, after some arguments, accepted the
request made by the appellant/husband to clear the arrears of maintenance to the tune of
Rs.4,50,320/- within three months.
7. In view of the above, this Court hereby directs the appellant/husband to clear the
entire arrears of interim maintenance of Rs.4,50,320/- in three installments, namely,
Rs.1,50,105/- on or before 31.01.2022, Rs.1,50,105/- on or before 28.02.2022 and Rs.1,50,110/-
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C.M.A.No.7 of 2022
on or before 31.03.2022. Learned Principal Family Court, Chennai, is directed to club the
aforesaid three cases together and dispose of the same in accordance with law as
expeditiously as possible.
8. In fine, the Civil Miscellaneous Appeal is dismissed. No Costs. C.M.P.No.70 of
2022 is closed.
(T.R., J.) (D.B.C., J.)
04.01.2022
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C.M.A.No.7 of 2022
To
The Principal Family Court,
Chennai.
T.RAJA, J.
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C.M.A.No.7 of 2022
and
D.BHARATHA CHAKRAVARTHY, J.
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C.M.A.No.7 of 2022
04.01.2022
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