Madras High Court
S.R.Geethanjali vs P.Ganesh on 21 January, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.Nos.226 and 229 of 2020
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.226 and 229 of 2020
and C.M.P.No.1685 of 2020
S.R.Geethanjali ..Appellant
in both C.M.As.
Vs.
P.Ganesh ..Respondent
in both C.M.As.
Prayer in C.M.A.No.226 of 2020: The Civil Miscellaneous Appeal is
filed under Section 19(1) of the Family Courts Act to set aside the
common judgment and decree dated 29.07.2019 in H.M.O.P.No.662 of
2005 passed by the I Additional Family Court, Chennai.
Prayer in C.M.A.No.229 of 2020: The Civil Miscellaneous Appeal is
filed under Section 19(1) of the Family Courts Act to set aside the
common judgment and decree dated 29.07.2019 in H.M.O.P.No.1959 of
2018 passed by the I Additional Family Court, Chennai.
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Page 1/6
C.M.A.Nos.226 and 229 of 2020
For Appellant : Mr.P.Jagadeesan
For Respondent : Mr.N.Kumar Rajan
-----
COMMON JUDGMENT
(Judgment of the Court was delivered by J. Nisha Banu, J)
These Civil Miscellaneous Appeals have been filed by the
appellant/wife against the common judgment and decree dated
29.07.2019 made in O.P.Nos.662 of 2005 and 1959 of 2018 by the
learned I Additional Principal Judge, Principal Family Court, Chennai,
in which, the petition in O.P.No.662 of 2005 filed by the
respondent/husband for divorce on the ground of cruelty was allowed
and the petition in O.P.No.1959 of 2018 filed by the appellant/wife for
restitution of conjugal rights was dismissed.
2. The appellant/wife has filed a memo of calculation dated
10.12.2024, wherein it is submitted that the appellant/wife filed the
Criminal Revision Petition before this Court against the order passed by
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C.M.A.Nos.226 and 229 of 2020
the learned I Additional Family Court, Chennai, in M.P.No.189 of 2018
in M.C.No.356 of 2006, for an enhancement of the maintenance. In the
above Revision Petition, this Court enhanced the maintenance to the first
petitioner therein (wife) from a sum of Rs.7,000/- to a sum of
Rs.16,000/- from the date of the order of the learned I Additional Family
Court, Chennai, i.e. 29.07.2019 and a sum of Rs.7,000/- to the second
respondent therein (daughter) till she gets married and a sum of
Rs.7,000/- to the third respondent therein (son) till he attains majority
payable by the respondent/husband.
3. Today when the matter is taken up for hearing, the learned
counsel appearing for the appellant/wife would state that till date, the
respondent/husband has not paid the maintenance as ordered by this
Court and the appellant/husband is in huge arrears of maintenance.
4. 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
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C.M.A.Nos.226 and 229 of 2020
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. As per the above-judgments of the Hon'ble Supreme Court, we
cannot allow the respondent/husband to prosecute the appeal without
paying the maintenance. Hence, the common judgment and decree dated
29.07.2019 made in O.P.Nos.662 of 2005 and 1959 of 2018 passed by
the learned I Additional Principal Judge, Principal Family Court,
Chennai, are hereby set aside and these Civil Miscellaneous Appeals are
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C.M.A.Nos.226 and 229 of 2020
allowed. There shall be no order as to costs. Consequently, connected
Miscellaneous Petition is closed.
7. The appellant/wife is at liberty to proceed with the execution
proceedings before the Court below.
(J.N.B, J.) (R.S.V, J.)
21.01.2025
asi
To
1. The I Additional Principal Judge,
Principal 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.226 and 229 of 2020
J. NISHA BANU, J.
and
R.SAKTHIVEL, J.
asi
C.M.A.Nos.226 and 229 of 2020
21.01.2025
https://www.mhc.tn.gov.in/judis
