Madras High Court
Yamini Prasad vs Brindha Devi on 1 April, 2025
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
C.M.A.No.883 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
C.M.A.No.883 of 2025
and
C.M.P. No.7249 of 2025
Yamini Prasad
S/o.K.Loganathan,
residing at No.28,
New Amarajapuram,
Tondiarpet,
Chennai – 600 081. ... Appellant
Vs.
Brindha Devi,
W/o.Yamini Prasad,
residing at No.15-B,
Chinna Samay Nagar,
Kanagambal Nagar,
Periyamathur, Manali,
Chennai – 600 068. ... Respondent
1/7
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C.M.A.No.883 of 2025
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of Family Court Act
to set aside the order and decree dated 24.03.2021 made in I.A.No.2 of 2019 in
O.P.No.3067 of 2018 by the V Additional Judge, Family Court, Chennai.
For Appellant : Mr. R. Rangarajan.
JUDGMENT
(Delivered by Dr. A.D. Maria Clete, J)
This Civil Miscellaneous Appeal is filed under Section 19 of the Family
Courts Act, 1984 by the appellant/husband challenging the order dated 24.03.2021
passed by the V Additional Family Court, Chennai in I.A. No. 2 of 2019 in O.P.
No. 3067 of 2018, whereby the Family Court directed the appellant to pay a total
sum of Rs.10,000/- per month as interim maintenance to the respondent/wife and
Rs.5,000/- each to their two minor children—with effect from the date of the
application, i.e., 22.07.2019. The appellant was also directed to pay litigation
expenses.
2. The marriage between the appellant and the respondent was solemnised
on 23.05.2008. Two children were born to the couple during the subsistence of the
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marriage and are in the custody of the respondent. The matrimonial relationship
appears to have soured, leading to the institution of O.P. No. 3067 of 2018 by the
appellant seeking divorce on the ground of cruelty.
3. Pending disposal of the original petition, the respondent filed I.A. No. 2 of 2019
under Section 24 of the Hindu Marriage Act, 1955, seeking interim maintenance of
Rs.20,000/- per month for herself and Rs.10,000/- each for the two minor children,
along with litigation expenses. The Family Court, upon considering the pleadings
and submissions of both parties, partly allowed the petition and fixed the interim
maintenance at Rs.10,000/- for the wife and Rs.5,000/- each for the two children.
4. The trial court, after considering the uncontroverted averments of the
respondent and the lack of rebuttal by the appellant, held that the appellant was
under a legal obligation to maintain his wife and two minor children. The Court
further noted that the respondent was the sole caregiver and, factoring in the cost
of living in Chennai, awarded interim maintenance of Rs.10,000/- to the
respondent and Rs.5,000/- each to the children. The order does not suffer from any
legal infirmity or procedural irregularity. It is also observed that, as held by the
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Division Bench of this Court in C.M.P.No.18729 of 2023 in C.M.A. No. 1914 of
2021 etc., (batch), dated 21.03.2024, an appeal will not lie either under Section 28
of the Hindu Marriage Act, 1956, or under Section 19 of the Family Courts Act,
against an order granting interim or pendent lite maintenance under Section 24 of
the Hindu Marriage Act. The proper remedy lies only in filing a revision under
Article 227 of the Constitution of India before the High Court, irrespective of
whether the order is passed by a regular Civil Court or a Family Court. In view of
the foregoing, this Court finds that the appeal is devoid of merit and is also not
maintainable.
5. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no
order as to costs. Consequently, the connected miscellaneous petition is closed.
(R.S.K., J) (A.D.M.C., J)
01.04.2025
ay
Index: Yes / No
Speaking Order / Non-speaking Order
Neutral Citation: Yes / No
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To
1. The V Additional Family Court,
Chennai.
2.The Section Officer,
VR Section,
High Court of Madras,
Chennai.
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R.SURESH KUMAR, J
and
DR. A.D. MARIA CLETE, J
ay
and
01.04.2025
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 02:02:17 pm )
