Madras High Court
Sivaguru vs Saraswathi on 30 March, 2022
C.M.A.No.3054 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.3054 of 2019
and
C.M.P.No.16717 of 2019
Sivaguru
S/o Ramadass .. Appellant
Vs.
Saraswathi
W/o Sivaguru .. Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of Family Court
Act r/w 28 of Hindu Marriage Act 1955, against the fair and decreetal order made
in I.A.No.223 of 2016 in M.O.P.No.208 of 2015 on the file of the Family Court,
Pondicherry dated 27.04.2019.
For Appellant :Mr.Ravindran.K.A
1/7
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C.M.A.No.3054 of 2019
For Respondent :Mr.Devaraj
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
Heard, Mr.Ravindran, learned counsel for the appellant and Mr.S.Devaraj,
learned counsel for the respondent.
2. Challenging the order passed by the Family Court, Puducherry, in
I.A.No.233 of 2017 in M.O.P.No.208 of 2015, the present appeal has been filed
by the appellant/husband.
3. The appellant is the husband and the respondent is the wife. The
marriage between them was solemnized on 01.02.2013. Alleging that the
appellant has deserted her, she filed a petition in M.O.P.No. 208 of 2015 under
Section 9 of the Hindu Marriage Act for restitution of conjugal rights. In the
Original Petition, the respondent filed an application in I.A.No.233 of 2016
seeking interim maintenance at the rate of Rs.20,000/- per month. According to
her, she is unemployed and the respondent is earning not less than Rs.50,000/- per
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C.M.A.No.3054 of 2019
month from the immovable properties and by doing business. The
appellant/husband contested the petition alleging that she caused cruelty. It is
further stated that he is only a Car driver and does not earn Rs.50,000/- as alleged
by the respondent/wife. The parties have adduced oral and documentary evidence
during the hearing of the application.
4. The learned Family Court Judge having come to the conclusion that the
relationship of the parties is admitted, directed the appellant to pay a sum of
Rs.6,000/- per month to his wife from the date of the petition, till the date of
disposal of the main case.
5. The learned counsel for the appellant submitted that when the respondent
has not proved the income of her husband, the impugned order passed by the
Family Court is unsustainable. It is his further submission that the main Original
Petition was decreed exparte on 10.01.2020.
6. Per contra, the learned counsel for the respondent/wife justified the
impugned order of the Family Court in his argument.
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C.M.A.No.3054 of 2019
7. We have carefully considered the submissions of the respective learned
counsel.
8. According to the appellant/husband, after the marriage, they lived
together for three months and in that period also, the respondent/wife caused
cruelty. Hence, the appellant/husband filed a petition for divorce. It is further
submitted that the main Original Petition filed by the respondent/wife was
disposed of on 10.01.2020 and so far, the appellant/husband has deposited
Rs.1,50,000/- to the credit of the main Original Petition.
9. In the affidavit filed in support of the petition for maintenance, the
respondent has not given any details about the immovable properties and the
nature of business carried on by the appellant/husband. According to the
appellant, he is working as a Driver and he does not possess any property.
10. Considering the facts and submissions of the learned counsel on either
side, the interim maintenance fixed by the Family Court is reduced from
Rs.6,000/- per month to Rs.5,000/- per month.
11. At this juncture, it is submitted by the learned counsel appearing for the
appellant/husband that the appellant has filed a petition to set aside the exparte
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C.M.A.No.3054 of 2019
order passed in M.O.P.No.208 of 2015 and also filed a petition to restore the
divorce petition, and they, are pending before the Family Court.
12. In view of the above, the appellant is directed to deposit the arrears
amount of maintenance as ordered by this Court to the credit of M.O.P.No.208 of
2015 at the rate of Rs.5,000/- per month and on such deposit, the applications
filed by the appellant can be entertained and he could be given opportunity to
contest the case on merits and the same can be disposed of in accordance with
law by the Family Court, Pondicherry as expeditiously as possible.
13. With the above direction and modification of the order passed by the
Family Court in I.A.No.233 of 2017 in M.O.P.No.208 of 2015, the Civil
Miscellaneous Appeal is partly allowed. No costs. Consequently, connected
miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
30.03.2022
Jer
Intex : Yes/No
Internet : Yes/No
Speaking order/Non-speaking order
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C.M.A.No.3054 of 2019
To
1.The District Judge,
Family Court, Pondicherry.
2. The Section Officer,
V.R.Section,
Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3054 of 2019
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
Jer
C.M.A.No.3054 of 2019
and
C.M.P.No.16717 of 2019
30.03.2022
https://www.mhc.tn.gov.in/judis
