Madras High Court
S.Murali Sundar vs M.Jayanthi on 3 April, 2023
CMA No.805 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2023
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
CMA No.805 of 2023 and
CMP No.7422 of 2023
S.Murali Sundar ... Appellant
Vs.
M.Jayanthi ... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family
Courts Act, 1984 to set aside the fair and decreetal order passed in I.A.No.
1 of 2021 in HMOP No.5239 of 2019 dated 15.12.2022on the file of the
Principal Family Court, Chennai.
For Appellant : Mr. Deepanuday
JUDGMENT
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CMA No.805 of 2023
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
Challenging the order dated 15.12.2022 in I.A.No.1 of 2021 in
HMOP No.5239 of 2019 on file of the Principal Family Court, Chennai, this
Criminal Miscellaneous Appeal has been filed.
2. The appellant married the respondent on 09.06.2016 and in their
wedlock, one female child born. After birth of child, the respondent picked
up quarrel with the appellant frequently and also harassed the appellant and
his parents. Hence, the appellant filed a divorce petition in HMOP No.59 of
2019 before the Principal Family Court, Chennai seeking divorce against
the respondent, in which, the respondent filed an application I.A.No.1 of
2021 seeking interim maintenance at Rs.30,000/- per month. After hearing
both sides and perusing the documents, the Family Court directed the
appellant to pay interim maintenance at Rs.10,000/- per month to the
respondent and also to pay Rs.10,000/- towards litigation expenses.
Challenging the above order, the appellant preferred the present civil
miscellaneous appeal.
3. The learned counsel for the appellant submitted that the respondent
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CMA No.805 of 2023
is working in a private company and is earning a sum of Rs.35,000/- per
month and she is self sufficient to maintain herself. He further submitted
that, the appellant was working as Credit Manager in a private company and
was earning a sum of Rs.45,000/- per month, however, he was terminated
from the company from 08.08.2022 and the termination order was also
placed before the Family Court. He also submitted that now, the appellant
is jobless and is searching for job. Therefore, the appellant is not in a
position to pay the interim maintenance of Rs.10,000/- to the respondent
and hence, the impugned order may be set aside.
4. We heard the learned counsel for the appellant and perused the
materials placed on record.
5. It is an admitted fact that the divorce petition filed by the appellant
is pending before the Family Court and on the application in I.A.1/2021 in
HMOP No.5239/2019 filed by the wife/ respondent, as an interim measure,
the Family Court passed an order, directing the appellant to pay interim
maintenance at Rs.10,000/- to the respondent, till the disposal of the divorce
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CMA No.805 of 2023
petition and also to pay Rs.10,000/- towards litigation expenses. Aggrieved
by the same, the present appeal has been filed.
6. Before Family Court, it is the contention of the respondent/wife
that the appellant/husband is working in a private company and is earning a
sum of Rs.50,000/-. Therefore, to maintain herself and her child, the
respondent sought interim maintenance at Rs.35,000/- per month. In the
above petition, the appellant filed counter affidavit, wherein, he himself
admitted that he is earning a sum of Rs.45,000/- per month. However, it
was contended by him that he is paying a sum of Rs.32,000/- towards the
loans availed by him for construction of house and for his brother's
marriage. The further contention of the appellant is that, the respondent/
wife is working in a private company and is earning a sum of Rs.35,000/-
per month and hence, she is self sufficient to maintain herself. But, the
above contentions of the appellant is not substantiated by any material
evidence before the Family Court.
7. The main contention of the appellant is that, he was terminated
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CMA No.805 of 2023
from the company and now he is job less and hence, he is not able to pay the
maintenance. He also filed the termination order before the family Court.
The recitals of the order passed by the family Court, shows that as per
Ex.P1 and Ex.P2, the female child born to the appellant and the respondent
is a school going child. Therefore, her educational expenses has to be met
out by her parents. Though the appellant contended that he is a jobless, it is
the bounden duty to him to take care of his child and to give education to
her. Therefore, as a part of parents, the appellant has to pay minimum
amount of Rs.10,000/- to his child towards maintenance, which is not
excessive. Therefore, considering at any angle, we are of the view that the
order of interim maintenance with litigation expenses passed by the learned
Principal Judge, Family Court is a just and reasonable one and it does not
warrant any interference by this Court.
8. Accordingly, the Civil Miscellaneous Appeal is dismissed,
confirming the order passed by the learned Principal Judge, Family Court,
Chennai. Consequently, connected miscellaneous petition is closed. The
appellant is directed to pay a sum of Rs.10,000/- per month as interim
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CMA No.805 of 2023
maintenance to the respondent/wife on the 10th day of every succeeding
English Calender Month till the disposal of HMOP NO.5239 of 2019. The
appellant/husband shall pay the arrears of interim maintenance calculated at
Rs.10,000/- from the date of filing application in I.A.No.1 of 2021 till the
date of payment, and also to pay a sum of Rs.10,000/- towards litigation
expenses, within one month from the date of receipt of a copy of this order.
(D.K.K.J.) (K.G.T.J.)
03.04.2023
Index : Yes/No
Internet : Yes/No
mst
To
The Principal Judge,
Family Court, Chennai.
https://www.mhc.tn.gov.in/judis
CMA No.805 of 2023
D.KRISHNAKUMAR, J.
and
K.GOVINDARAJAN THILAKAVADI, J.
mst
CMA No.805 of 2023
03.04.2023
https://www.mhc.tn.gov.in/judis
