Madras High Court
K. Muthuvel @ Joswa vs M. Priya on 20 June, 2022
C.M.A.No.1741 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:20.06.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.M.A.No.1741 of 2020
and
C.M.P.No.12822 of 2020
K. Muthuvel @ Joswa ... Appellant
Vs.
M. Priya ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 55 of the
Divorce Act 1869 to set-aside the fair and decreetal order dated 01.02.2020 in
respect of granting interim maintenance to the respondent in I.A.No.698 of
2018 in I.D.O.P.No.22 of 2017 on the file of the Family Court, Erode.
1/10
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C.M.A.No.1741 of 2020
For Appellant : Mr. S.Arunprasath,
for Mr.M.Guruprasad
For Respondent : No appearance
JUDGMENT
(Judgment of the Court was delivered by V.M.VELUMANI,J.)
The Civil Miscellaneous Appeal is filed against the fair and decreetal
order dated 01.02.2020 passed in I.A.No.698 of 2018 in I.D.O.P.No.22 of
2017 on the file of the Family Court, Erode.
2. The appellant is husband, who filed I.D.O.P.No.22 of 2017 on the
file of the Family Court, Erode under Section 10(x) of Indian Divorce Act for
dissolution of Marriage celebrated on 14.09.2017 between the appellant and
the respondent-wife. Pending said Original Petition, the respondent filed an
application in I.A.No.698 of 2018 claiming interim maintenance of
Rs.15,000/- and Rs.50,000/- towards litigation expenses.
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C.M.A.No.1741 of 2020
3. According to the respondent after marriage, due to attitude of
appellant and his family members, the matrimonial life was not happy. The
appellant took the respondent to her parents house on 06.12.2017 with a
promise that he will come and take her after two days. The appellant did not
do so, but filed I.D.O.P for dissolution of marriage. The respondent made
various averments on merits of I.D.O.P. She further stated that she was
working as a teacher and after marriage, she resigned the job, she is without
income and depending on the income of her father, who is a carpenter, a daily
wager. The appellant is a B.E.(E.E.E.) graduate and is working as an
Assistant Professor in Nandha College of Technology, Erode and is earning
Rs.40,000/- per month and prayed for interim maintenance of 15,000/- per
month and litigation expenses of Rs.50,000/-.
4. The appellant filed counter affidavit and denied all the averments
made by the respondent. The appellant made various averments on merits of
the claim in I.D.O.P. In addition to that, he also stated that he is unemployed
and he is not working as Assistant Professor in Nandha College of
Technology, Erode and not earning Rs.40,000/- per month as alleged by the
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C.M.A.No.1741 of 2020
respondent. According to the appellant, the respondent is working as a
teacher and has sufficient means to maintain herself and meet out the
litigation expenses and prayed for dismissal of the application.
5. Before the learned Judge, Family Court, Erode, both the appellant
and the respondent did not let in any oral or documentary evidence.
6. The learned Judge, Family Court, Erode, considered the fact in
marriage Invitation filed by the appellant in I.D.O.P, wherein it has been
stated that appellant is M.E. graduate and working as Assistant Professor, in
Nandha College of Technology, Erode. Taking note of this fact, fixed
monthly income of the appellant at Rs.30,000/- and directed the appellant to
pay a sum of Rs.10,000/ per month as interim maintenance and permitted the
respondent to withdraw Rs.10,000/- deposited by the appellant towards
litigation expenses.
7. Against the said order, the appellant has come out with the present
appeal.
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C.M.A.No.1741 of 2020
8. The learned counsel appearing for the appellant reiterated the
averments made in the counter affidavit and submitted that the learned Judge
failed to appreciate the fact especially that the respondent is working as a
teacher, earning Rs.20,000/- per month and she is capable of maintaining
herself . The Tribunal, without granting opportunity to the appellant, directed
the appellant to pay the interim maintenance and hence, prayed for setting
aside the order of the Tribunal.
9. The learned counsel appearing for the appellant further submitted
that as per the order passed by this Court on 24.11.2020, the appellant has
deposited 50% of the arrears of maintenance, which comes to Rs.1,40,000/-
by way of Demand Draft vide D.D.No.730466, dated 31.12.2020 and he
continued to pay 50% of the interim maintenance, as ordered by this Court.
10. Though notice has been served on the respondent and her name is
also printed in the cause list, there is no representation for heir either in
person or through counsel.
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C.M.A.No.1741 of 2020
11. Heard the counsel appearing for the appellant and perused the
entire materials available on record.
12. The appellant filed I.D.O.P.No.22 of 2017 on the file of the Family
Court, Erode for dissolution of marriage between the appellant and the
respondent. The respondent filed counter statement in the said I.D.O.P. and is
contesting the matter. Pending I.D.O.P., the respondent filed an interlocutory
application in I.A.No.698 of 2018 claiming interim maintenance of
Rs.15,000/- per month and a sum of Rs.50,000/- towards litigation expenses.
The respondent in the affidavit made various allegations against the appellant
and submitted that appellant is working as Assistant professor in Nandha
College of Technology, Erode and earning Rs.40,000/- per month. Further she
has stated that she was working as a teacher in a private school before
marriage and she resigned the job after her marriage and she has no means to
maintain herself.
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C.M.A.No.1741 of 2020
13. The appellant in the counter affidavit denied all the averments and
made various allegations against respondent. The appellant denied that he is
working in Nandha College of Technology, Erode. In addition to that, he has
stated that he is unemployed and not earning Rs.40,000/- per month. He has
also stated the respondent is working as a teacher, earning Rs.20,000/- per
month and she is maintaining herself. Before the learned Judge, both the
appellant as well as the respondent did not let in any oral or documentary
evidence to substantiate their stand. The learned Judge, Family Court, Erode,
taking note that in the marriage invitation filed in I.D.O.P, it has been
mentioned that appellant is working as Assistant Professor in Nandha College
of Engineering, Erode, fixed the salary of the appellant as Rs.30,000/- per
month and directed the appellant to pay a sum of Rs.10,000/- per month
towards interim maintenance to the respondent and a sum of Rs.10,000/-
towards litigation expenses.
14. In the appeal, learned counsel for the appellant filed typed set of
papers, consolidated salary certificate, dated 04.11.2020 of the appellant
stating that appellant is earning only Rs.15,766/- per month. There is no
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C.M.A.No.1741 of 2020
explanation as to why he did not file this document before the learned Judge.
Considering the fact that the appellant himself filed a document to show that
he is working and earning a sum of Rs.15,766/- per month and he has not
proved that the respondent is working as a teacher and capable of maintaining
herself, the appellant has to pay the interim maintenance to the respondent.
However, considering the Salary Certificate produced by the appellant before
this Court, the interim maintenance amount ordered by the Tribunal is
modified to Rs.5000/- per month.
15. At this stage, the learned counsel appearing for the appellant
submitted that since the respondent failed to receive the interim maintenance
amount, seeks permission of this Court to the appellant to deposit the sum of
Rs.5000/- to the credit of I.D.O.P.No.22 of 2017 on the file of the Family
Court, Erode.
16. Accordingly, the Civil Miscellaneous Appeal is partly allowed and
the appellant is directed to pay a sum of Rs.5,000/- per month as interim
maintenance to the respondent till the disposal of the Original Petition. If
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C.M.A.No.1741 of 2020
respondent refused to receive the amount, it is open to the appellant to
deposit the same to the credit of I.D.O.P. No.22 of 2017 on the file of the
Family Court, Erode. The learned Judge, Family Court, Erode, is directed to
dispose the I.D.O.P.No.22 of 2017 as expeditiously as possible, preferably,
within a period of six months from the date of receipt of a copy of this order.
No costs. Consequently, connected miscellaneous petition is closed.
(V.M.V., J) (S.S., J)
20.06.2022
Index : Yes / No
mrp
To
1. The Judge,
Family Court,
Erode.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1741 of 2020
V.M.VELUMANI,J.
and
S.SOUNTHAR,J.
mrp
C.M.A.No.1741 of 2020
20.06.2022
https://www.mhc.tn.gov.in/judis
