Madras High Court
S. Suriyaprabha vs S. Karthikeyan on 23 January, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.No.4534 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
and
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.M.A.No.4534 of 2019
S. Suriyaprabha ... Appellant
Vs.
S. Karthikeyan ... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of
Family Courts Act, 1984, to set aside the judgment and decree dated
30.08.2019 made in H.M.O.P.No.457 of 2015 on the file of the Principal
Family Court, Coimbatore.
For Appellant : Mr.C.Prabakaran
For Respondent : Mr.V.Manohar
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C.M.A.No.4534 of 2019
JUDGMENT
(Judgment of the Court was delivered by J. Nisha Banu, J)
The present Civil Miscellaneous Appeal has been filed by the
appellant/wife against the order judgment and decree dated 30.08.2019
allowing the petition filed by the respondent/husband for divorce in
H.M.O.P.No.457 of 2015 passed by the Principal Judge, Principal Family
Court, Coimbatore.
2. The appellant/wife had also filed M.C.No.155 of 2016, in
which, the Court below directed the respondent/husband to pay a sum of
Rs.9,000/- to the appellant/wife and a sum of Rs.3,000/- to the minor
child as monthly maintenance and a sum of Rs.20,000/- towards the
litigation expenses.
3. The learned counsel for the appellant/wife would state that
challenging the order passed in the maintenance case, the appellant/wife
preferred Crl.R.C.No.1269 and 1430 of 2019 before this Court and this
Court, by order dated 17.08.2022, enhanced the said amount from a sum
of Rs.12,000/- to a sum of Rs.18,500/-. The learned counsel for the
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appellant has also filed a calculation memo dated 23.01.2025. As per the
memo, a sum of Rs.9,81,500/- has been received by the appellant/wife
from the respondent/husband till 06.01.2025. The balance amount of
Rs.8,70,000/- has to be paid by the the respondent/husband as on
06.08.2024.
4. The learned counsel for the appellant would further state that
the respondent/husband is in huge arrears of maintenance and the order
passed by this Court has not been complied with by the respondent.
5. 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".
6. Further, in the decision reported in AIR 2021 SC 569 (Rajnesh
Vs. Neha), the Hon'ble Supreme Court had passed a detailed judgment
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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".
7. As per the judgment of the Hon'ble Supreme Court, if the
husband does not comply with the order of the Court, the defence of the
respondent/husband is liable to be struck off, and the appeal filed by the
appellant/wife can be allowed, without hearing the respondent. In the
light of the above, we are not inclined to allow the respondent/husband
to prosecute the appeal without paying the arrears the maintenance.
Therefore, the judgment and decree dated 30.08.2019 made in
H.M.O.P.No.457 of 2015 on the file of the Principal Family Court,
Coimbatore, is hereby set aside and the Civil Miscellaneous Appeal is
allowed. There shall be no order as to costs.
(J.N.B, J.) (R.S.V., J.)
23.01.2025
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asi
To
The Principal Judge,
Principal Family Court, Coimbatore.
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J. NISHA BANU, J.
and
R. SAKTHIVEL, J.
asi
23.01.2025
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