Madras High Court
D.Chandran vs R.Seetha on 30 March, 2022
C.M.A.No.738 of 2022
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.738 of 2022
and
CMP.No.5350 of 2022
D.Chandran ...Appellant
Vs.
R.Seetha ...Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 19 of the
Family Courts Act, praying that the Hon'ble Court may be pleased to set
aside the fair and decreetal order dated 18.12.2021 passed in IA.No.2 of
2021 in HMOP.No.385 of 2019 on the file of the Family Judge, Salem.
For Appellant : Mr.R.Ezhilarasan
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C.M.A.No.738 of 2022
JUDGMENT
[Judgment of the Court was delivered K.KALYANASUNDARAM, J]
Assailing the order passed by the Family Court, Salem in I.A.No.2 of
2021 in HMOP.No.385 of 2019, the present appeal has been filed.
2. The appellant/husband filed HMOP.No.385 of 2019 for dissolution
of marriage solemnized between him and the respondent on 17.01.2010 on
the ground of adultery. It appears that subsequently, the respondent/wife
filed HMOP.No.37 of 2020 before the same Court under Section 9 of the
Hindu Marriage Act. Both the original petitions are pending.
3. The respondent/wife has filed interim application seeking
Rs.30,000/- per month as interim maintenance and Rs.1,00,000/- towards
litigation expenses. It is her case that the appellant herein without any
reason had deserted her and living separately, she has no permanent
employment or income and she borrows money to meet out the litigation
expenses. It is her further case that the appellant is doing Textile Business
in the name of P.S.V. & Company, and earning Rs.2,00,000/- per month and
leading a luxurious life.
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C.M.A.No.738 of 2022
4. In the counter, the appellant has admitted that he is running textile
business. In the affidavit of assets and liabilities, he has stated that his
income per annum is Rs.6,00,000/-. Considering the fact that son born to
the appellant and the respondent is taken care by the appellant, the Family
Court directed the appellant to pay Rs.10,000/- per month as interim
maintenance and Rs.10,000/- for litigation expenses.
5. It is the submission of the learned counsel for the
appellant/petitioner that when the respondent is leading an adulterous life,
she is not entitled for interim maintenance and the petition has to be
dismissed. We are unable to accept the submissions of the learned counsel
appearing for the appellant for the reason that the allegations raised by the
petitioner in the divorce petition has not yet been established before the
Family Court. It is true that if the allegation of adultery is proved, the
respondent will not be entitled for permanent alimony.
6. In the light of the facts and circumstances, we do not find any
illegality in the order passed by the Family Court. Hence, this appeal is
dismissed. The Family Court shall dispose of the main Original Petition
filed by the petitioner as well as the respondent as expeditiously as possible,
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C.M.A.No.738 of 2022
preferably within a period of six months. The respondent is directed to
co-operate for disposal of the main Original Petitions in a time frame. If she
attempts to drag on the proceedings, the Trial Court shall set aside the order
of interim maintenance and proceed with the case. No costs. Consequently,
connected miscellaneous petition is closed.
[M.K.K.S, J] [V.S.G., J]
30.03.2022
Index : Yes / No
Speaking order: Yes/No
pvs
To
1. The Family Judge, Salem
2. The Section Officer, VR Section High Court, Madras.
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C.M.A.No.738 of 2022
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
pvs
C.M.A.No.738 of 2022
30.03.2022
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