Madras High Court
R.Jawahar vs R.Rajaramanan on 1 April, 2024
Author: J.Sathya Narayana Prasad
Bench: Sanjay V.Gangapurwala, J.Sathya Narayana Prasad
W.A.No.1966 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.A.No.1966 of 2023
R.Jawahar .. Appellant
Vs.
1. R.Rajaramanan
2. The Sub Collector
Office of the Sub Collector.
3. The Sub Registrar
O/o. The Sub Registrar
Registration Department
Panruti Town
Cuddalore District 607 106. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 25.04.2023 in Review Petition No.10 of 2023 reviewing
the order dated 28.09.2022 made in W.P.No.2371 of 2020 enhancing
the quantum of maintenance from Rs.15,000/- to Rs.25,000/-.
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W.A.No.1966 of 2023
For the Appellant : Mr.P.Dinesh Kumar
For the Respondents : Mr.M.R.Thangavel
For Mr.K.Sundareswaran
for Respondent-1
Mr.C.Kathiravan
Special Government Pleader
for Respondents 2 & 3
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.P.Dinesh Kumar, learned counsel for the
appellant, Mr.M.R.Thangavel, learned counsel for
Mr.K.Sundareswaran, learned counsel for the first respondent and
Mr.C.Kathiravan, learned Special Government Pleader for the
respondents 2 and 3.
2. The writ petition was filed by the first respondent herein for
cancellation of the Settlement deed. The request of the original writ
petitioner to cancel the settlement deed was rejected by the
authority. He filed writ petition before the learned Single Judge. The
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learned Single Judge directed payment of maintenance initially at
the rate of Rs.15,000/- to each parent. Subsequently, the same was
modified to Rs.25,000/- and 15,000/-, totally Rs.40,000/-.
3. Learned counsel for the appellant submits that
maintenance was never claimed in the application filed before the
authority. Even otherwise, the statutory limitation is Rs.10,000/-.
The Court could not have granted beyond Rs.10,000/- per month.
4. Learned counsel for the first respondent submits that the
order passed by the learned Single Judge is a discretionary and
equitable order. The father has handed over the entire business to
the appellant herein and has no source of income left.
5. We had referred the matter for mediation. However,
mediation could also not succeed.
6. During the course of argument, we asked learned counsel
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for the appellant as to whether the appellant would be ready to pay
maintenance at Rs.10,000/- to each parent. Learned counsel, in the
morning session, sought time to take instructions. The matter was
kept in the afternoon session. In the afternoon session, learned
counsel for the appellant, on instructions, submits that the
appellant would pay an amount of Rs.10,000/- towards
maintenance to each parent, totally Rs.20,000/-.
7. It is the contention of the appellant that a civil suit is
pending qua cancellation of the settlement deed. The parties may
agitate about their rights in the pending civil suit with regard to the
settlement deed.
8. As the appellant has now agreed to pay Rs.10,000/- per
month as maintenance to each of his parents and that till March, he
has already paid the amount of maintenance, as directed by the
learned Single Judge, we pass the following order:
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(i) From 01.04.2024, the appellant shall pay
maintenance at the rate of Rs.10,000/- per month
to each parent, totally Rs.20,000/-, regularly till
the issue of settlement deed is decided by the civil
Court; and
(ii) The amount of maintenance, as agreed
by the appellant, shall be paid on or before 5th of
every month.
9. The writ appeal stands disposed of. There shall be no order
as to costs. Consequently, C.M.P.No.16714 of 2023 is closed.
(S.V.G., CJ.) (J.S.N.P., J.)
01.04.2024
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The Sub Collector
Office of the Sub Collector.
2. The Sub Registrar
O/o. The Sub Registrar, Registration Department
Panruti Town, Cuddalore District 607 106.
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THE HON'BLE CHIEF JUSTICE
AND
J.SATHYA NARAYANA PRASAD, J.
(kpl)
01.04.2024
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