A.Moorthy vs Sangeetha Priya
2022 Latest Caselaw 6341 Mad

                                                                                   C.M.A.No.708 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 29.03.2022

                                                            CORAM:

                           THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
                                               and
                              THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                                    C.M.A.No.708 of 2022
                                                            and
                                                    C.M.P.No.5136 of 2022

                 A.Moorthy                                                              ... Appellant

                                                             Vs.

                 Sangeetha Priya
                                                                                      ... Respondent

                 PRAYER: Civil Miscellaneous Appeal is filed under Section 19 of the Family
                 Court Act 1984 to set aside the fair and decretal order made in I.A.No.01/2020 in
                 H.M.O.P.No.462 of 2019 dated 10.01.2022 on the file of the Additional Principal
                 Family Court, Coimbatore.

                                    For Appellant       :    Mr.C.Veera Raghavan




                 1/6

https://www.mhc.tn.gov.in/judis
                                                                                  C.M.A.No.708 of 2022




                                                      JUDGMENT

[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]

This appeal is directed against the order passed by the Additional Principal

Family Court, Coimbatore in I.A.No.1 of 2020 in H.M.O.P.No.462 of 2019, dated

10.01.2022, wherein, the Family Court has ordered interim maintenance in favour

of the respondent.

2.The facts in brief:-

The marriage between the appellant and the respondent was solemnized on

14.11.2011 at Rajalakshmi Thirumana Mandapam, Pudupalayam, Coimbatore.

The appellant/husband filed HMOP No.462 of 2019 under Section 13(1)(i-a) &

13(1) (i-b) of the Hindu Marriage Act for dissolving the marriage. During the

pendency of the original petition, the respondent/wife filed I.A.No.1 of 2020

seeking interim maintenance of Rs.30,000/- per month under Section 24 of the

Hindu Marriage Act. The learned Judge directed the appellant to pay a sum of

https://www.mhc.tn.gov.in/judis C.M.A.No.708 of 2022

Rs.15,000/- per month as interim maintenance. Challenging the same, the present

appeal has been filed.

3.Mr.C.Veera Raghavan, learned counsel appearing for the

appellant/husband would vehemently contend that the parties lived together only

for a period of 28 days and the respondent/wife has deserted the appellant without

any valid reasons and hence, the respondent is not entitled for interim

maintenance. It is also contended that the restitution petition filed by the

respondent before the Sub-Court, Mettupalayam was dismissed for non-

prosecution.

4.This Court carefully considered the submission of the learned counsel

appearing for the appellant and perused the materials available on record.

5.In the instant case, the relationship of the parties is not in dispute. The

respondent/wife, in the interim application, has stated that she is unemployed,

whereas, the appellant, by working as a 'Teacher' in the Government School at

https://www.mhc.tn.gov.in/judis C.M.A.No.708 of 2022

Thondamuthur, Coimbatore, is receiving salary of Rs.70,000/- per month. The

appellant contested the interim application stating that his wife is a MCA

Graduate and she owns immovable properties and also getting regular income

therefrom. It is seen from the records that the respondent not only filed the

petition for restitution of conjugal rights, but also filed maintenance case under

Section 125 Cr.P.C and also a petition under Domestic Violation Act. The

appellant has admitted during the course of hearing before the Family Court that

his gross salary is Rs.82,573/- and net salary is Rs.67,909/-. Taking note of these

aspects, the Family Court directed the appellant to pay a sum of Rs.15,000/- per

month as interim maintenance.

6.In the light of the above facts, we find no reason to interfere with the

order impugned in this appeal. Considering the fact that the divorce petition is

pending for the past three years and it is posted for enquiry, the Additional

Principal Family Court, Coimbatore, is directed to dispose of the main Original

Petition, on merits and in accordance with law, as expeditiously as possible

preferably within a period of six months from the date of receipt of a copy of this

https://www.mhc.tn.gov.in/judis C.M.A.No.708 of 2022

Judgment. The parties are directed to co-operate for disposal of the case. It is

made clear that if the respondent does not extend her co-operation for disposal of

the cases as indicated above, the Family Court shall set aside the order granting

interim maintenance to her.

7. With the above directions, this Civil Miscellaneous Appeal is dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

                                                                  [M.K.K.S.,J.]        [V.S.G.,J.]
                                                                            29.03.2022
                 skn
                 Index          : Yes/No
                 Speaking Order :Yes/No
                 To

1.The Additional Principal Family Court, Coimbatore.

2.The Section Officer, V.R.Section, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis C.M.A.No.708 of 2022

K.KALYANASUNDARAM, J.

and V.SIVAGNANAM, J.

skn

JUDGMENT MADE IN C.M.A.No.708 of 2022 and C.M.P.No.5136 of 2022

29.03.2022

https://www.mhc.tn.gov.in/judis