Madras High Court
Justin Ashok vs D. Maria Rita Sharmila on 21 January, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.Nos.2721 of 2019 and 223 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
and
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.M.A.Nos.2721 of 2019 and 223 of 2022
Justin Ashok ..Appellant
in both C.M.As.
Vs.
D. Maria Rita Sharmila ..Respondent
in both C.M.As.
Prayer in C.M.A.No.2721 of 2019: The Civil Miscellaneous Appeal is
filed under Section 19(1) of the Family Courts Act against the order and
decreetal final order dated 15.02.2019 in O.P.No.2682 of 2012 on the file
of the Principal Family Court, Chennai.
Prayer in C.M.A.No.223 of 2022: The Civil Miscellaneous Appeal is
filed under Section 19 of the Family Courts Act to set aside the judgment
and decree dated 15.02.2019 in O.P.No.2318 of 2018 passed by the
Principal Family Court at Chennai.
https://www.mhc.tn.gov.in/judis
Page 1/5
C.M.A.Nos.2721 of 2019 and 223 of 2022
For Appellant : Mr.J.Nandagopal
For Respondent : Mr.A.R.Nixon
-----
COMMON JUDGMENT
(Judgment of the Court was delivered by J. Nisha Banu, J)
These Civil Miscellaneous Appeals have been filed by the
appellant/husband against the common judgment and decree dated
15.02.2019 made in O.P.Nos.2682 of 2012 and 2318 of 2018 by the
Principal Judge, Family Court, Chennai, in which, the petition in
O.P.No.2682 of 2012 filed by the appellant/husband for divorce was
dismissed and the petition in O.P.No.2318 of 2018 filed by the
respondent/wife for restitution of conjugal rights was allowed.
2. When the matters are taken up for hearing today, the learned
counsel for the respondent/wife would state that the appellant/husband is
in huge arrears of maintenance.
3. The learned counsel for the appellant/husband would state that
the revision petition is pending and would seek for an adjournment.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.2721 of 2019 and 223 of 2022
4. On perusal of the records, it is seen that in spite of giving
number of opportunities, the respondent/husband has not paid the arrears
of maintenance. It is relevant to point out at this juncture the decision of
the Hon'ble Supreme Court reported in Kaushalya Vs. Mukesh Jain,
(2020) 17 SCC 822, wherein it has been held as follows:-
"In the event that there is any failure on the part of the
respondent to comply with the order for deposit of arrears and
month to month installments, it will be open to the appellant to
apply before the Family Court to get the defence of the
respondent struck off".
5. Further, in the decision reported in AIR 2021 SC 569 (Rajnesh
Vs. Neha), the Hon'ble Supreme Court had passed a detailed judgment
giving certain Guidelines/ Directions on Maintenance to be followed and
in the said decision, the Hon'ble Supreme Court has observed as follows:-
"The Court concluded that if there was non-payment of
interim maintenance, the defence of the respondent is liable to be
struck off, and the appeal filed by the appellant-wife can be
allowed, without hearing the respondent".
6. In the light of the above, we are not inclined to allow the
appellant/husband to prosecute the appeal without paying the
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.2721 of 2019 and 223 of 2022
maintenance. Therefore, these Civil Miscellaneous Appeals are dismissed
for non-payment of arrears of maintenance. There shall be no order as to
costs.
(J.N.B, J.) (R.S.V, J.)
21.01.2025
asi
To
1. The Principal Judge,
Family Court, Chennai.
2. The Section Officer,
V.R.Section, High Court of Madras,
Chennai - 104.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.2721 of 2019 and 223 of 2022
J. NISHA BANU, J.
and
R.SAKTHIVEL, J.
asi
C.M.A.Nos.2721 of 2019 and 223 of 2022
21.01.2025
https://www.mhc.tn.gov.in/judis
