Madras High Court
R.Eswari vs Rajendran on 24 March, 2022
C.M.A.No.709 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.709 of 2022
R.Eswari ... Appellant
Vs.
Rajendran
... Respondent
PRAYER: Civil Miscellaneous Appeal is filed under Section 19 of the Family
Court Act 1984 to set aside the fair and final order dated 12.04.2018 made in
I.A.No.241 of 2017 in H.M.O.P.N.1215 of 2016 on the file of the Principal Family
Judge, Coimbatore.
For Appellant : Mr.K.S.Karthik Raja
For Respondent : Mr.S.Nagarajan
1/7
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C.M.A.No.709 of 2022
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
We have heard Mr.K.S.Karthik Raja, learned counsel appearing for the
appellant/wife and Mr.S.Nagarajan, learned counsel appearing for the
respondent/husband.
2.Challenging the order passed by the Principal Family Judge, Coimbatore
in I.A.No.241 of 2017 in H.M.O.P.No.1215 of 2016 dated 12.04.2018, the
present appeal has been filed.
3.The facts in brief:-
The marriage between the appellant and the respondent was performed on
27.08.2015 as per the Hindu Rites and Customs. It appears that there is no issue.
The appellant/wife filed HMOP No.1215 of 2016 under Section 9 of the Hindu
Marriage Act for restitution of conjugal rights. The respondent/husband filed
HMOP No.1611 of 2018 for dissolution of marriage. I.A.No.241 of 2017 was
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C.M.A.No.709 of 2022
filed by the appellant/wife in HMOP No.1215 of 2016 seeking interim
maintenance of Rs.15,000/- per month and another Rs.10,000/- towards litigation
expenses. It is her case that her husband is working in the Tamil Nadu Electricity
Board and he was paid Rs.44,000/- per month, but she is unemployed.
4.The respondent contested the petition stating that though his salary was
Rs.44,000/-, he is paying substantial amount towards interest for the loan
obtained at the time of marriage. That apart, he has to maintain his parents. The
learned Judge, after analyzing the materials produced by the parties, has directed
the respondent/husband to pay Rs.4,500/- per month as interim maintenance from
09.04.2017 and Rs.5,000/- for litigation expenses.
5.It is the submission of the learned counsel appearing for the appellant that
the interim maintenance awarded by the Family Court is very low considering the
fact that the respondent/husband is earning Rs.47,183/- per month.
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C.M.A.No.709 of 2022
6.Per contra, the learned counsel appearing for the respondent/husband
would state that the main HMOP for restitution of conjugal rights was filed by the
appellant/wife to take revenge against the respondent and also to drag on the
proceedings endlessly. It is further stated that the divorce petition was filed since
the appellant/wife has committed cruelty on the respondent.
7. We have considered the rival submission of the both the parties and
perused the materials available on record.
8.In the instant case, it is an admitted fact that the marriage between the
appellant and the respondent was solemnized on 27.08.2015 and there is no issue
for them. It is also seen that from 2016, they have been living apart, which shows
that they did not live together even for a period of one year. The salary slips
(Exs.R1 and R3) produced by the respondent/husband show that take home
salary of the respondent was Rs.17,242/- per month. The learned counsel
appearing for the respondent would state that a sum of Rs.9,000/- has been paid
to settle the loan amount and Ex.R.2 was produced to prove the medical expenses.
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C.M.A.No.709 of 2022
He would further state that the entire arrears amount will be paid today.
9. In the light of the above fact, we are of the view that the monthly
maintenance can be enhanced to Rs.6,000/-. Accordingly, the respondent/husband
is directed to pay the interim maintenance of Rs.6,000/- per month from March
2022 onwards. The litigation expenses ordered by the Family Court is confirmed.
The respondent/husband shall pay interim maintenance on or before 5 th day of
every English Calendar month.
10.It is represented that a memo has been filed for joint trial of both the
Original Petitions and the matters are posted today for commencement of Trial.
So, the Family Court shall dispose of both the Original Petitions as expeditiously
as possible preferably within a period of 9 months from the date of receipt of a
copy of this order. The parties shall not file any unnecessary petitions to drag on
the proceedings and the appellant is directed to co-operate for early disposal of the
Original Petitions as stated above.
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C.M.A.No.709 of 2022
11.With the above observations and directions, this Civil Miscellaneous
Appeal is partly allowed. No costs.
[M.K.K.S.,J.] [V.S.G.,J.]
24.03.2022
skn
Index : Yes/No
Speaking Order :Yes/No
To
1.The Principal Family Judge,
Coimbatore.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
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C.M.A.No.709 of 2022
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.709 of 2022
24.03.2022
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