Madras High Court
R.Rajkumar vs R.Selvakumari on 4 July, 2022
C.M.A.No.1240 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.M.A.No.1240 of 2021
and
C.M.P.No.6291 of 2021
R.Rajkumar .. Appellant
Vs.
R.Selvakumari .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of the
Family Courts Act, 1984, against the order and decree dated 16.02.2021
made in I.A.No.1 of 2020 in O.P.No.1855 of 2019 on the file of the V
Additional Family Court, Chennai.
For Appellant : Mr.B.A.Prakash
For Respondent : Mrs.R.Selvakumari
(party-in-person)
JUDGMENT
(Judgment of the Court was delivered by V.M.VELUMANI,J.)
The appellant / husband is challenging the order of the V
Additional Family Court, Chennai dated 16.02.2021 made in I.A.No.1 of
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C.M.A.No.1240 of 2021
2020 in O.P.No.1855 of 2019, directing the appellant to pay a sum of
Rs.25,000/- per month to the respondent towards interim maintenance
and further sum of Rs.20,000/- to the respondent towards litigation
expenses, to the respondent.
2.It is an admitted fact that the appellant and respondent got
married on 20.09.2010. In the wedlock, a female child was born on
25.09.2012. The appellant has made various allegations against the
respondent, on cruelty and filed O.P.1855 of 2019 for dissolution of
marriage. The respondent denied all the allegations made by the appellant
and made counter allegations against the appellant. The said O.P. is
pending. Pending O.P., the respondent filed I.A.No.1 of 2020 claiming
interim maintenance of Rs.25,000/- per month for herself and Rs.10,000/-
for minor child and Rs.25,000/- towards litigation expenses.
3.According to respondent, the appellant is working in Cognizant
Technology Solution and is earning a sum of Rs.1,50,000/- per month.
The respondent is unemployed and she is depending on her parents for
her day-to-day expenses. She is finding it very difficult to maintain herself
and the minor child. The appellant filed counter affidavit in the said I.A.
and submitted that he is working as an Associate Designer and not as
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C.M.A.No.1240 of 2021
Software Engineer, as alleged by the respondent. The appellant further
submitted that he resigned his job from Cognizant Technology Solution
and was unemployed. According to the appellant, he purchased a flat in
his name by obtaining loan from Tata Capital Finance and is paying a
sum of Rs.15,616/- as EMI every month. The respondent and her mother
ill-treated the appellant and abused him in filthy language and driven out
the appellant from the matrimonial home. Now the appellant is residing in
a rented house. The appellant has stated that he paid School fees for his
daughter.
4.The learned Judge considering the materials placed before him,
passed an order directing the appellant to pay a sum of Rs.25,000/- per
month towards interim maintenance to the respondent and a sum of
Rs.20,000/- towards litigation expenses.
5.In the present appeal filed by the appellant challenging the said
order dated 16.02.2021 made in I.A.No.1 of 2020, the learned counsel
appearing for the appellant made various statements on merits in the O.P.
filed by the appellant for dissolution of marriage. He has filed typed set of
papers containing various documents in support of appellant's case in
O.P. We are not considering these documents as the same has to be
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C.M.A.No.1240 of 2021
considered by the Family Court on merits during trial. Further, the
learned counsel appearing for the appellant referred to the letter of
resignation and relieving order dated 25.07.2019, issued by the
Cognizant Technology Solution. The appellant also filed an affidavit of
assets and liabilities of him. From the salary certificate of the appellant
issued by Tech Mahindra filed in the typed set of papers, it is seen that
the appellant is getting a sum of Rs.71,735/- per month as salary. The
appellant also produced photographs of his Mother to show the skin
disease she is suffering. The learned counsel appearing for the appellant
submitted that the appellant is spending a sum of Rs.5,000/- per month
towards medical expenses of his mother and staying in a rented house.
6.The respondent appeared in person and submitted that she is
unemployed and finding it very difficult to maintain herself and the minor
daughter. She did not deny that she is residing in the matrimonial home
owned by the appellant, but addressed a letter to the Court demanding
particulars of employment of appellant. In the typed set of papers
produced by the learned counsel appearing for the appellant, the present
salary of the appellant is mentioned which shows that, at present, the
appellant is working in Tech Mahindra. It is not in dispute that appellant
and respondent are still husband and wife and O.P. filed by the appellant
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C.M.A.No.1240 of 2021
for dissolution of marriage conducted between the appellant and
respondent on 29.09.2010 is pending. It is well settled that it is the duty
of the husband to maintain his wife and minor child. When they are not
living together, husband has to pay maintenance in consonance with the
status of husband.
7.The learned Judge has taken note of the fact that appellant and
minor child are residing in the matrimonial home owned by the appellant
and appellant is paying a sum of Rs.15,616/- per month as EMI for the
loan availed for purchase of said flat, but failed to consider that
respondent and minor daughter are living in matrimonial home owned by
the appellant, while appellant is living in a rented house and appellant is
meeting out the education expenses of his minor child.
8.Considering the fact that the respondent is living in the
matrimonial house owned by the appellant along with minor daughter
and the appellant is living in a rented house and is meeting out the
education expenses of the minor child, it would be just and proper if the
appellant is directed to pay a sum of Rs.15,000/- per month towards
interim maintenance to the respondent till the disposal of the
O.P.No.1855 of 2019. The order of the learned Judge granting a sum of
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C.M.A.No.1240 of 2021
Rs.25,000/- per month as interim maintenance to the respondent is
modified as Rs.15,000/- per month. The appellant is directed to pay a
sum of Rs.15,000/- per month as interim maintenance to the respondent
till the disposal of the O.P.No.1855 of 2019.
9.The respondent filed counter statement in O.P.No.1855 of 2019
filed by the appellant. The O.P. is of the year 2019. The learned V
Additional Principal Judge, Family Court, Chennai is directed to dispose
of the O.P.No.1855 of 2019 as expeditiously as possible, in any event
within a period of three months from the date of receipt of a copy of this
judgment.
10.In the result, this Civil Miscellaneous Appeal is partly allowed.
Consequently, the connected Miscellaneous Petition is closed. No costs.
(V.M.V., J) (S.S., J)
04.07.2022
(2/2)
krk
Index : Yes / No
Internet : Yes / No
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C.M.A.No.1240 of 2021
To
1.The V Additional Principal Judge,
Family Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1240 of 2021
V.M.VELUMANI, J.
and
S.SOUNTHAR, J.
krk
C.M.A.No.1240 of 2021
04.07.2022
(2/2)
https://www.mhc.tn.gov.in/judis
