Jessy Priscilla vs Anthony Anis
2025 Latest Caselaw 2267 Mad

Citation : 2025 Latest Caselaw 2267 Mad
Judgement Date : 30 January, 2025

Madras High Court

Jessy Priscilla vs Anthony Anis on 30 January, 2025

                                                                            C.M.A.(MD) No.881 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 30.01.2025

                                                       CORAM

                              THE HONOURABLE MRS. JUSTICE R.KALAIMATHI

                                           C.M.A.(MD) No.881 of 2024
                                                      and
                                           C.M.P.(MD) No.9471 of 2024


                    1.Jessy Priscilla

                    2.Minor Arokia Rabela
                      represented by her mother
                      and guardian Jessy Priscilla                            ... Appellants

                                                         Vs.

                    Anthony Anis                                              ... Respondent

                    Prayer:- Civil Miscellaneous Appeal filed under Section 55 of the Indian
                    Divorce Act, 1872 to set aside the fair and decreetal order dated
                    12.04.2024 passed in I.A.No.2 of 2022 in I.D.O.P.No.143 of 2020 on the
                    file of the I Additional District Court, Tirunelveli.


                                  For Appellants     : Mr.P.Vadivel

                                  For Respondent     : Mr.K.Sivabalan
                                                       for M/s.Aran Legal Consultancy

                                                        *****


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https://www.mhc.tn.gov.in/judis
                    Page No. 1 of 8
                                                                       C.M.A.(MD) No.881 of 2024

                                                  JUDGMENT

Being aggrieved by the fair and decreetal order dated 12.04.2024

passed by the learned I Additional District Judge, Tirunelveli, in I.A.No.2

of 2022 in I.D.O.P.No.143 of 2020, the wife/respondent in I.D.O.P.No.

143 of 2020, along with her minor child, has preferred this Civil

Miscellaneous Appeal for enhancement of interim maintenance.

2. Heard the learned counsel for the appellants, Mr.P.Vadivel and

the learned counsel for the respondent, Mr.K.Sivabalan and perused the

relevant records.

3. Originally, the respondent/husband, Anthony Anis, filed a

divorce petition under Section 10(1)(x) of the Indian Divorce Act, 1872,

before the Principal District Court, Tirunelveli, in I.D.O.P.No.143 of

2020. During the pendency of the said I.D.O.P., the appellants/wife and

her minor child filed an interim application in I.A.No.2 of 2022 for an

order of interim alimony of Rs.25,000/- each for the appellants and

litigation costs of Rs.10,000/- under Sections 36 and 151 of the Indian

Divorce Act, 1872.

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4. Upon consideration, the trial court ordered a sum of Rs.5,000/-

per month for each appellant from the date of filing of the petition till the

date of disposal of the I.D.O.P., against which the present Civil

Miscellaneous Appeal has been filed.

5. On behalf of the appellants, it is stated that the

respondent/husband has been running a petrol bunk at Vallioor and has

rented out several shops, receiving monthly rents; that, besides that, he is

also earning an income of Rs.1,00,000/- per month from his agricultural

land; that he is living a luxurious life with furniture and A.C.; that he is

duty-bound to maintain his wife and child on par with his standard of

living, but he has failed to do so; and that, although the first appellant has

completed a Master's degree in Engineering, she is not employed and is

dependent upon her parents for her maintenance and her child's

maintenance.

6. On behalf of the respondent/husband, it is stated that the family

of the first appellant/wife is running M/s.Raj Match Industry, M/s.Amalraj

Match Works, M/s.Arockiam Match Works, M/s.Plaza Match Works, etc.,

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and her father is a partner in the aforementioned firms; that his wife’s

native place is Kuruvikulam Village, and her parents own a house there,

two four-wheelers, and she along with their parents is living with all

facilities; that he did not desert his wife, but it is the wife who is not

interested in family life, and after the birth of the child, she has been

living with her parents; and that, thereafter, he filed the petition for

divorce.

7. On behalf of the respondent/husband, it is further stated that he

has availed a four-wheeler loan from a finance company; that in the petrol

bunk business, he has incurred a loss of several lakhs of rupees; that he

has pledged his house with HDFC Bank and obtained a loan of Rs.

9,00,000/-; that he has also obtained a loan from Karur Vysya Bank; that

he has obtained loans from Tamil Nadu Mercantile Bank by pledging

jewels and another house; and that he has been repaying the said amounts

and is therefore under financial constraints.

8. The Birth Certificate of the second appellant is Ex.P1. The Sale

Deeds executed in favour of the respondent are Exs.P2 and P4. The

Settlement Deeds executed in the name of the respondent are Exs.P3 and

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P5. The Income Tax Return for the Assessment Year 2019-2020 is Ex.P6,

wherein the Gross Income is mentioned as Rs.12,09,414/-.

9. The concept of maintenance is a measure of social justice in

order to help a helpless wife. The law is well-settled that wife is entitled to

live on par with the status of her husband. It is the responsibility of the

husband to file a statutory application to ensure that his wife does not

become destitute. Factors such as the husband's standard of living, his

family's circumstances, his assets, and etc. are to be taken into

consideration while determining the amount of maintenance.

10. Though the respondent has stated that he has obtained loans

from several banks and is under financial constraints, in the absence of

any documentary evidence to substantiate the same, this Court is not in a

position to appreciate those details. Relying upon Ex. P6, the Income Tax

Return, his monthly income is shown as Rs.1,00,784/- [12,09,414 / 12].

11. Exs.P2 and P4 (Sale Deeds) show that the respondent purchased

properties in the years 2018 and 2023, respectively. In addition, Exs.P3

and P5 (Settlement Deeds) were executed in favour of the respondent.

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Ex.P6 (Income Tax Return for the Assessment Year 2019-2020) clearly

indicates that his only income during that period was Rs.1,00,784/-

[12,09,414 / 12]. The interim application was filed in the year 2022. In the

light of the aforementioned Sale Deeds, Settlement Deeds, and Income

Tax Return, the interim maintenance is enhanced and fixed at Rs.8,000/-

per month for each appellant, in order to meet the ends of justice.

12. Based on the above observations, this Civil Miscellaneous

Appeal is allowed with the following directions:

i. The interim maintenance of Rs.16,000/- (i.e., Rs. 8,000/- for each) shall be paid on or before the 5th of every English calendar month. ii. The arrears of maintenance shall be paid within a period of three months from the date of receipt of a copy of this judgment.