Madras High Court
N.Jeyapal vs Chitrambalanayagi on 31 March, 2022
C.M.A.No.781 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.781 of 2022
and
C.M.P.No.5634 of 2022
N.Jeyapal ... Appellant
Vs.
Chitrambalanayagi
... Respondent
PRAYER: Civil Miscellaneous Appeal is filed under Section 19 of the Family
Court Act 1984 to set aside the fair and decretal order passed in I.A.No.253 of
2017 in H.M.O.P.No.741 of 2014 on the file of the Principal Family Court,
Coimbatore, dated 21.12.2021.
For Appellant : Mr.B.Kumarasamy
1/6
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C.M.A.No.781 of 2022
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
Questioning the order passed in I.A.No.253 of 2017 in H.M.O.P.No.741 of
2014 dated 21.12.2021 by the Principal Family Judge, Coimbatore, the present
appeal has been filed.
2.The respondent herein is the wife of the appellant. The marriage between
them was solemnized as per the Hindu Rites and Customs on 05.05.2014 at
Royar Temple, Avarampalayam Road, Coimbatore. The appellant filed
H.M.O.P.No.741 of 2014 under Section 12(1)(b) of the Hindu Marriage Act to
declare the marriage as null and void. During the pendency of the Original
Petition, the respondent/wife had taken out an application in I.A.No.253 of 2017
seeking interim maintenance of Rs.10,000/- per month and another Rs.1,00,000/-
towards litigation expenses. According to the respondent, her husband is working
at Vasanth Advanced System (P) Limited in Coimbatore and earning Rs.35,000/-
per month, but she is unemployed. During enquiry, the respondent produced
Ex.P.2-Salary Certificate to establish the monthly income of the appellant as
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C.M.A.No.781 of 2022
Rs.22,500/-. Considering all these aspects, the Family Court directed the
appellant to pay monthly maintenance of Rs.3,000/- from the date of petition i.e.,
26.04.2017. Challenging the said order, the present appeal has been filed.
3.Mr.B.Kumarasamy, learned counsel appearing for the appellant would
urge that the respondent is suffering from “Hypomanic” disease. To prove the
same, the appellant filed I.A.No.794 of 2015 to send the respondent for medical
check up at Government Hospital, Coimbatore. The said application was allowed
and in compliance of the order, the respondent appeared before the Dean,
Coimbatore Medical College Hospital and a report was also sent to the Court on
27.06.2016. Thereafter, she filed I.A.No.588 of 2017 to send her to the Madras
Medical College for recheck up her mental status.
4.It is the submission of the learned counsel for the appellant that though
the application in I.A.No.588 of 2017 was allowed on 13.12.2017, but so far, she
did not appear before the Medical Board for recheck up. In such circumstances,
the respondent is not entitled for interim maintenance.
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C.M.A.No.781 of 2022
5.We have considered the submission of the learned counsel appearing for
the appellant and perused the materials available on record.
6.In the matter on hand, it is an admitted fact that the marriage between the
appellant and the respondent was solemnized on 05.05.2014 and the appellant
filed original petition in the same year under Section 12(b)(1) of the Act to declare
the marriage as null and void. It is the specific case of the appellant that the
respondent is suffering from “Hypomanic” disease. Due to none-cooperation of
the respondent, the original petition is pending for the past eight years. The
respondent produced the salary certificate (Ex.P.2), which states that the appellant
is receiving a sum of Rs.22,500/- per month towards salary.
7. In view of the above fact, we find no reason to interfere with the order
impugned in this appeal. Hence, the appeal fails and the same is dismissed. The
appellant is directed to deposit the entire arrears to the credit of the main O.P,
within a period of four weeks. On such deposit, the respondent/wife is permitted
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C.M.A.No.781 of 2022
to withdraw the amount only after she appeared before the Madras Medical
College for medical check up as per order dated 13.12.2017 made in I.A.No.588
of 2017. The Family Court, Coimbatore, is directed to dispose of the main O.P, on
merits and in accordance with law, without being influenced by any of the
observation made in this Judgment, as expeditiously as possible preferably within
a period of six months from the date of receipt of a copy of this Judgment. No
costs. Consequently, connected miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
31.03.2022
skn
Index : Yes/No
Speaking Order :Yes/No
To
1.The 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.781 of 2022
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.781 of 2022
and
C.M.P.No.5634 of 2022
31.03.2022
https://www.mhc.tn.gov.in/judis
