Madras High Court
S.Vigneshwaran vs M.Revathy on 12 September, 2023
C.M.A.No.2118 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2023
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.M.A.No.2118 of 2023
and
C.M.P.No.20601 of 2023
S.Vigneshwaran ...Appellant
Vs.
1.M.Revathy
2.V.R.Haasini (Minor)
Rep. By mother and next friend M.Revathy
...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family
Courts Act, 1984, against the order and decreetal order dated 06.04.2023
passed in I.A.No.2 of 2019 in O.P.No.2568 of 2017 on the file of the II
Additional Principal Family Court, Chennai.
For Appellant : Mr.Suchit Anant Palande
********
1/6
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C.M.A.No.2118 of 2023
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
Challenge in this appeal is to the order of interim maintenance
granted at Rs.25,000/- for the wife and the minor daughter of the appellant.
2. The main petition viz., H.M.O.P.No.2568 of 2017 has been
filed by the appellant seeking divorce on the ground of cruelty. Pending the
said petition the wife filed I.A.No.2 of 2019 seeking interim maintenance at
Rs.1,00,000/- each per month for herself and the minor daughter.
3. The said petition was resisted by the husband contending that
he has taken a break from his job for doing his Ph.D and he is only taking
part-time employment and drawing Rs.20,000/- per month. Therefore, the
maintenance as claimed should not be granted.
4. At the hearing, the wife apart from producing certain details of
business that is carried on by the husband, also produced the details of the
agricultural land holdings of the husband. Considering the cumulative
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C.M.A.No.2118 of 2023
effect of the documents that were produced, the learned Family Judge
granted Rs.12,500/- per month each to the wife and the daughter as interim
maintenance. Hence, this appeal.
5. We have heard Mr.Suchit Anant Palande, learned counsel
appearing for the appellant.
6. Though Mr.Suchit Anant Palande, learned counsel appearing
for the appellant would very persuasively argue that the maintenance
awarded by the Family Court is on the higher side. We are unable to accept
his submissions. The amount awarded in our opinion would be just about
sufficient for sustainance of one human being at the cost of living today.
Merely because the petitioner has taken a study holiday or an Academic
break, his duty to maintain his wife and child cannot take the back seat.
Rs.12,500/- per month each person as of today in our considered opinion is
very meagre.
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C.M.A.No.2118 of 2023
7. We therefore do not see any reason to interfere with the order of
the learned Family Judge. The appeal therefore fails and it is dismissed.
No costs. Consequently, the connected miscellaneous petition is closed.
8. The learned counsel for the appellant would submit that there
are already talks for settlement of the entire issue between the parties and if
the matter is referred to mediation it would do a lot of good to the parties.
While dismissing the appeal devoid of merits, we direct the Family Court to
refer the matter for mediation to the Mediation Centre attached to the
Principal City Civil Court, Chennai or to the Mediation Centre attached to
this Court to enable the parties to arrive at a negotiated settlement.
(R.S.M.,J.) (R.K.M.,J.)
dsa 12.09.2023
Index :No
Internet :Yes
Neutral Citation :No
Speaking order
https://www.mhc.tn.gov.in/judis
C.M.A.No.2118 of 2023
To
The II Additional Principal Family Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2118 of 2023
R.SUBRAMANIAN, J.
and
R.KALAIMATHI, J.
dsa
C.M.A.No.2118 of 2023
and
C.M.P.No.20601 of 2023
12.09.2023
https://www.mhc.tn.gov.in/judis
