V.V.T.Niraiyagham vs A.Padmavathi
2023 Latest Caselaw 6863 Mad

                                                                                  C.M.A.No.1264 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 22.06.2023

                                                          CORAM

                            THE HON'BLE MRS. JUSTICE J.NISHA BANU
                                             AND
                      THE HON'BLE MR. JUSTICE D.BHARATHACHAKRAVARTHY

                                                  C.M.A.No.1264 of 2023
                                                           and
                                                  C.M.P.No.12408 of 2023


                     V.V.T.Niraiyagham                                       ... Appellant

                                                             Vs.

                     A.Padmavathi                                            ...Respondent

                                  Civil Miscellaneous Appeal filed under Section 19 of the Family
                     Courts Act, 1984 to set aside the fair and decreetal order dated
                     07.12.2022 made in I.A.No.1 of 2021 in HMOP.No.3071 of 2021 on the
                     file of II Additional Principal Family Court at Chennai
                                       For Appellant      : Mr.B.Janakiram

                                       For Respondent     : Mr.A.D.Janarthanan


                                                    JUDGMENT

This appeal is filed against the interim order, granting interim

maintenance to the respondent to the tune of Rs.15,000/- per month.

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2. Heard Mr.B.Janakriam, learned counsel for the appellant.

3. Learned counsel for the appellant would submit that the

respondent/ wife could not have married the appellant because she did

not even get the divorce of her previous marriage. In that view of the

matter, when the marriage itself is per se illegal, directing the

appellant/husband to pay maintenance would render his very case itself

otiose. Therefore, the order of interim maintenance has to be set aside.

4. We are unable to accept the said submission. When the

petitioner has come up with a prayer of divorce and admittedly, as on

date, he claims the respondent to be his wife and prays for divorce,

whatever may the grounds for the divorce, as far as interim maintenance

is concerned, it is only the question of sustenance which is the relevant

factor that can be taken into account and accordingly, no exception

whatsoever can be taken for the trial court to have ordered a sum of

Rs.15,000/- as monthly maintenance. However, we are inclined to direct

the trial Court to take up both the H.M.O.P.Nos.3071 & 4585 of 2021

for trial and dispose of the same as expeditiously as possible, in any

event, not later than three months from the date of receipt of a copy of

this order.

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5. In the result, the Civil Miscellaneous Appeal is dismissed with a

request to the Trial Court to take up H.M.O.P.Nos.3071 & 4585 of 2021

for trial and dispose of the same as expeditiously as possible, in any

event, not later than three months from the date of receipt of a copy of

this order. No costs. Consequently, connected miscellaneous petition is

closed.

                                                                        (J.N.B,J.)    (D.B.C, J.)
                     Index              : Yes / No                            22.06.2023
                     Internet           : Yes
                     vsi



                     To

The II Additional Principal Family Court at Chennai

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J. NISHA BANU, J.

and D.BHARATHA CHAKRAVARTHY,J.

vsi

C.M.A.No.1264 of 2023

22.06.2023

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