Madras High Court
G.Chinnasamy vs C.Ezhilmani Mary Elizabeth @ ... on 6 July, 2022
C.M.A.No.1062 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.M.A.No.1062 of 2018
and C.M.P.No.8738 of 2018
G.Chinnasamy ... Appellant
Vs.
C.Ezhilmani Mary Elizabeth @ Induja ... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 19(1) of the
Family Courts Act, 1984, against the order and decree dated 15.02.2018 made
in I.A.No.2660 of 2016 in F.C.O.P.No.4576 of 2011 on the file of the VII
Additional Family Court, Chennai.
For Appellant : Mr.T.P.Sekar
For Respondent : Ms.E.Swetha
for M/s.T.K.S.Gandhi
JUDGMENT
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C.M.A.No.1062 of 2018
[Judgment of the Court was delivered by V.M.VELUMANI,J.]
The present appeal is filed challenging the order of the Family Court
dated 15.02.2018 made in I.A.No.2660 of 2016 in F.C.O.P.No.4576 of 2011.
The appellant filed O.P.No.4576 of 2011 under Section 27 (1)(d) of the
Special Marriages Act, for dissolution of marriage on the ground of cruelty.
In the said O.P., the respondent filed counter statement in the month of June,
2013. The respondent filed I.A.No.2660 of 2016 under Section 24 of the
Hindu Marriages Act, claiming a sum of Rs.10,000/- towards interim
maintenance to the respondent and her daughter.
2.According to the respondent, the marriage between the appellant and
respondent was conducted on 07.05.2009 at Thiruverkadu Temple and
marriage was registered on 15.06.2009 under the Special Marriages Act,
1954. It is a love marriage. The appellant and respondent belong to different
religion and caste. The respondent further made various allegations against
the appellant. The appellant filed O.P.No.4576 of 2011 for divorce on the
ground of cruelty. The respondent, in the year 2016, filed I.A.No.2660 of
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C.M.A.No.1062 of 2018
2016, claiming a sum of Rs.10,000/- per month towards interim maintenance
for herself and her daughter. According to the respondent, she is working as a
Lecturer in Annai Violet Arts and Science College, Ambattur, Chennai and
was earning a sum of Rs.10,000/- per month, which is not sufficient to
maintain herself and minor daughter who requires special treatment. The
School fee for the child is Rs.20,000/- per month. The child suffered with
cognitive disorder coupled with other ailments. The respondent is employed
in TASMAC as a Manager and is earning a sum of Rs.20,000/- per month and
also getting a sum of Rs.30,000/- as commission. With meagre income of the
respondent, she is not able to maintain herself and her daughter.
3.The appellant filed counter affidavit and denied all the allegations
made by the respondent. The appellant made allegations against the
respondent and submitted that the respondent is working as a Lecturer in
Annai Violet Arts and Science College and is getting Rs.30,000/- per month.
He filed O.P. in the year 2011 and the respondent is dragging on the
proceedings for more than 6 years. When the O.P. was posted for cross-
examination of appellant as P.W.1, she has filed the present petition for
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C.M.A.No.1062 of 2018
interim maintenance only to prolong the proceedings in the divorce petition.
According to the appellant, he is working as a Supervisor in TASMAC and
his monthly salary is Rs.7,500/- and take home salary is Rs.6,520/-, after
deduction of Rs.980/- towards EPF, FBF, HF and AIDR. The appellant is
residing in a rented house and he is spending Rs.3,000/- towards rent and has
to maintain aged mother and hence, prayed for dismissal of the petition.
4.The learned Judge, after considering the averments in the affidavit
and counter affidavit, directed the appellant to pay a sum of Rs.7,500/- per
month as interim maintenance to the respondent and her daughter from the
date of petition i.e., 15.11.2016.
5.Against the said order dated 15.02.2018 made in I.A.No.2660 of
2016 in O.P.No.4576 of 2011, 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 filed in I.A. and produced salary
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C.M.A.No.1062 of 2018
certificate filed in the typed set of papers issued on 25.11.2016 to show that
he was getting Rs.7,500/- per month as gross salary and after deduction, his
take-home salary is Rs.6,520/-. At the time of hearing, the learned counsel
appearing for the appellant produced a salary certificate dated 26.06.2019,
stating that the gross salary of the appellant is Rs.10,250/- and take-home
salary after deduction is Rs.8,885/-. The learned counsel appearing for the
appellant submitted that the respondent is working in Annai Violet Arts and
Science College and is getting Rs.30,000/- per month and she is capable of
maintaining herself and child and prayed for setting aside the order of the
learned Judge and allowing the appeal.
7.Per contra, the learned counsel appearing for the respondent
submitted that the respondent is not working in the said College. The
appellant is earning more than Rs.20,000/- per month. The daughter is
suffering from ailments and School fees of her daughter comes to Rs.20,000/-
per month. Apart from that, the respondent has to pay a sum of Rs.500/- per
month towards special tuition for mentally retarded child. The respondent is
unable to maintain herself and the minor child and hence, prayed for
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C.M.A.No.1062 of 2018
dismissal of the appeal.
8.Heard the learned counsel appearing for the appellant as well as the
respondent and perused the entire materials available on record.
9.It is an admitted fact that both the appellant and respondent are living
separately from 2011. It is also not disputed that daughter was born in the
wedlock and she has certain illness. According to the appellant, he is earning
a sum of Rs.7,500/- per month as gross salary and his take-home salary is
Rs.6,520/-. The appellant has filed salary certificate dated 25.11.2016 in the
typed set of papers. The appellant has not given any reason as to why he has
not produced that certificate before the Family Court. Today, he has produced
the salary certificate dated 26.06.2019 before this Court. The appellant is duty
bound to maintain his wife and daughter. Taking into consideration the fact
that the respondent has admitted in her affidavit that she is working as
Lecturer in Annai Violet Arts and Science College and getting Rs.10,000/- per
month and the gross salary of the appellant as on 2019 is Rs.10,250/- and
take-home salary is Rs.8,885/-, it will be in the interest of justice to modify
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C.M.A.No.1062 of 2018
the order of the learned Judge and direct the appellant to pay a sum of
Rs.6,000/- per month towards interim maintenance, from the date of
application.
10.The learned counsel appearing for the appellant submitted that as
per the interim order of this Court dated 22.10.2019, the appellant is
continuing to pay a sum of Rs.6,000/- per month to the respondent and
daughter towards interim maintenance. The learned counsel appearing for the
appellant submitted that there is no arrears. On instructions from the
respondent, the learned counsel appearing for the respondent submitted that
there is no arrears as on today. O.P. is of the year 2011. The learned counsel
appearing for the appellant submitted that O.P. is posted for evidence on
behalf of the respondent. The learned VII Principal Judge, VII Additional
Family Court, Chennai is directed to dispose of O.P.No.4576 of 2011 as
expeditiously as possible, in any event, within a period of 3 months from the
date of receipt of a copy of this judgment.
With the above direction, this Civil Miscellaneous Appeal is partly
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C.M.A.No.1062 of 2018
allowed. Consequently, connected Miscellaneous Petition is closed. No costs.
(V.M.V., J) (S.S., J)
06.07.2022
Index : Yes / No
gsa
To
1.The VII Principal Judge,
VII Additional Family Court,
Chennai
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.1062 of 2018
V.M.VELUMANI,J.
and
S.SOUNTHAR,J.
(gsa)
C.M.A.No.1062 of 2018
06.07.2022
https://www.mhc.tn.gov.in/judis
