Madras High Court
A.Jothi vs Dhanuja @ Dhanam on 11 October, 2022
C.M.A.No.2570 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.10.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.2570 of 2017
A.Jothi .. Appellant
Vs.
Dhanuja @ Dhanam .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of the
Family Courts Act, 1984, against the order and decree dated 24.02.2016
made in I.A.No.30 of 2014 in H.M.O.P.No.110 of 2014 on the file of the
Family Court, Villupuram.
For Appellant : Mr.D.Vasanth
for M/s. N.Suresh
For Respondent : Mr.S.John Josh
for M/s.R.Muniyapparaj
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1/5
C.M.A.No.2570 of 2017
JUDGMENT
(Judgment of the Court was delivered by V.M.VELUMANI, J.)
The appellant/husband filed H.M.O.P.No.110 of 2014 under
Section 13(1) (i-a) (i-b) of the Hindu Marriage Act, on the file of the
Family Court, Villupuram, for dissolution of marriage solemnized
between the appellant and respondent on 05.07.2000.
The respondent/wife filed I.A.No.30 of 2014 in H.M.O.P.No.110 of 2014
on the file of Family Court, Villupuram, for a direction to the
appellant/husband to pay a sum of Rs.30,000/- for the respondent/wife
Rs.10,000/- for the minor son, Rs.10,000/- towards house rent per month
as interim maintenance and a sum of Rs.10,000/- towards litigation
expenses. The learned Judge, by order dated 24.02.2016 made in
I.A.No.30 of 2014 in H.M.O.P.No.110 of 2014, directed the
appellant/husband to pay a sum of Rs.15,000/- (Rs.7,500/- each to the
wife and minor son) per month towards interim maintenance from the
date of the application viz., 05.08.2014 till the date of disposal of
H.M.O.P. and Rs.5,000/- towards litigation expenses. Challenging the
said order and decree, the appellant/husband has come out with the
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C.M.A.No.2570 of 2017
present appeal.
2.When the appeal is taken up for hearing today, both the
appellant and respondent appeared before this Court. The appellant
and learned counsel appearing for the appellant submitted that
the appellant is ready to pay the interim maintenance at the rate of
Rs.7,500/- per month till the disposal of the H.M.O.P. along with arrears
of interim maintenance as on today, which comes to Rs.4,00,000/- within
a period of two weeks. The respondent, without prejudice to her right to
raise all the contentions in the H.M.O.P, agrees to receive the interim
maintenance at the rate of Rs.7,500/- per month as well as arrears of
interim maintenance.
3. The learned counsel appearing for both sides filed a Joint
Memo of Compromise dated 11.10.2022, duly signed by both the
appellant as well as respondent and their respective counsel. They further
submitted that the trial Court may be directed to dispose of the H.M.O.P
within a time frame to be stipulated by this Court.
4. In view of the above submissions and joint memo of
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C.M.A.No.2570 of 2017
compromise, the appeal stands disposed of, directing the appellant to pay
Rs.7,500/- per month towards interim maintenance as agreed by both
the appellant and respondent, Rs.4,00,000/- towards arrears of interim
maintenance within a period of two weeks from today.
The respondent/wife is directed to furnish the details of the bank account
to the appellant/husband within a period of one week. The award of the
Tribunal with respect to litigation expenses is confirmed. The learned
Family Court Judge is directed to dispose of the H.M.O.P in 110 of 2014,
pending on his file, on merits and in accordance with law, within a
period of three months from the date of payment of arrears of
maintenance by the appellant. No costs.
(V.M.V., J.) (S.M., J.)
11.10.2022
Index : Yes / No
Internet : Yes / No
av
To
1. The Family Court,
Villupuram.
2.The Section Officer,
VR Section,
High Court,
https://www.mhc.tn.gov.in/judis
C.M.A.No.2570 of 2017
Madras.
V.M.VELUMANI, J.
and
SUNDER MOHAN, J.
av
C.M.A.No.2570 of 2017
11.10.2022
https://www.mhc.tn.gov.in/judis
