Madras High Court
Murugan vs Thenmozhi on 21 August, 2023
C.R.P.(MD) No.1792 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.08.2023
CORAM
THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
C.R.P.(MD) No.1792 of 2022
and
C.M.P.(MD) No.7972 of 2022
Murugan ... Petitioner
Vs.
1.Thenmozhi
2.Mino Kavya Sri
represented by her mother
and natural guardian/
1st petitioner ... Respondents
Prayer: This Civil Revision Petition filed under Article 227 of the Constitution
of India, to set aside the fair and decretal order passed in I.A.No.1 of 2022 in
H.M.O.P.No.165 of 2021 on the file of the Subordinate Court, Ambasamudram
dated 02.06.2022.
For Petitioner : Mr.R.J.Karthick
For R1 : Mr.K.A.Thirumalaiappan
*****
_____________
https://www.mhc.tn.gov.in/judis
Page No. 1 of 6
C.R.P.(MD) No.1792 of 2022
ORDER
This Civil Revision Petition has been filed by the petitioner as against
the impugned fair and decretal order dated 02.06.2022 passed in I.A.No.1 of
2022 in H.M.O.P.No.165 of 2021 on the file of the Subordinate Court,
Ambasamudram.
2. The said H.M.O.P.No.165 of 2021 was filed by the petitioner/husband
for divorce. During the pendency of the said petition, the respondents who are
the wife and minor daughter of the petitioner filed I.A.No.1 of 2022 under
Section 24 of the Hindu Marriage Act for interim maintenance. Based on the
averments made in the affidavit and in the counter affidavit, the Trial Court has
directed the petitioner/husband to pay a sum of Rs.30,000/- to each of the
respondents and a sum of Rs.9,000/- for litigation expenses.
3. Assailing the said order, the petitioner/husband preferred this Civil
Revision Petition by stating that without following directions issued by the
Hon’ble Apex Court in Rajnesh Vs. Neha and Another, reported in 2021 AIR
SC 569, the Trial Court ordered interim maintenance of Rs.30,000/- each
(totally Rs.60,000/-) per month and cost of litigation expenses of Rs.9,000/-.
_____________
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.1792 of 2022
4. It is submitted that in Rajnesh case cited supra, the Hon’ble Apex
Court has held that in all maintenance proceedings, both parties shall file the
Affidavit of Disclosure of Assets and Liabilities annexed as Enclosures I, II
and III of the Judgment, before the concerned Family Court / District Court /
Magistrates Court, as the case may be. However, in the present case, the Trial
Court ordered interim maintenance without any such Affidavit of Disclosure of
Assets and Liabilities of both parties.
5. It is further submitted that the respondents have filed D.V.M.C.No.16
of 2021 before the Judicial Magistrate Court, Ambasamudram claiming
maintenance of Rs.15,000/- each. Without considering the above, the Trial
Court ordered a sum of Rs.60,000/- per month totally to be paid by the
petitioner to the respondents as interim maintenance vide the impugned order
dated 02.06.2022 passed in I.A.No.1 of 2022.
6. Heard on both sides. Records perused.
7. Admittedly, parties have not filed Affidavit of Disclosure of Assets
and Liabilities before the Court below in the interim maintenance application.
_____________
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.1792 of 2022
Without any such Affidavit of Disclosure of Assets and Liabilities, the Trial
Court ought not to have fixed the monthly maintenance to be paid by the
petitioner to the respondents. Therefore, this Court set aside the impugned
order dated 02.06.2022 passed in I.A.No.1 of 2022 in H.M.O.P.No.165 of 2021
and remit the matter back to the Subordinate Court, Ambasamudram for fresh
disposal of I.A.No.1 of 2022.
8. The petitioner and the respondents are directed to file their Affidavit
of Disclosure of Assets and Liabilities before the Court below. After receipt of
such Affidavit of Disclosure of Assets and Liabilities of the parties, the learned
Subordinate Judge, Ambasamudram is directed to consider the same and
dispose the I.A. in accordance with law, within a period of two months from
the date of receipt of a copy of this order.
9. The petitioner is also directed to continue to pay the interim
maintenance at the rate of Rs.20,000/- per month (Rs.10,000/- each) as fixed by
this Court in the interim order dated 02.09.2022 passed in this Civil Revision
Petition, without prejudice to the claims made by the parties, till the disposal of
the I.A.
_____________
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.1792 of 2022
10. This Civil Revision Petition is disposed of with the above directions.
No cost. Consequently, connected Miscellaneous Petition is closed.
21.08.2023
NCC :Yes/No
Internet: Yes/No
Index: Yes/ No
jen
To
The Subordinate Judge,
Ambasamudram.
_____________
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.1792 of 2022
K.GOVINDARAJAN THILAKAVADI, J.
jen
C.R.P.(MD) No.1792 of 2022
and C.M.P.(MD) No.7972 of 2022
21.08.2023
_____________
https://www.mhc.tn.gov.in/judis
