Madras High Court
A.Madhu @ Loganathan vs V.Jeevitha on 13 December, 2019
Bench: M.M. Sundresh, Krishnan Ramasamy
C.M.A.No.3123 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2019
CORAM
THE HONOURABLE MR. JUSTICE M.M. SUNDRESH
AND
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.3123 of 2019
A.Madhu @ Loganathan ... Appellant
Vs.
V.Jeevitha ... Respondent
PRAYER : Appeal filed under Section 19 of the Family Court Act,1985
to set aside the order and decretal order of the learned IV Additional
Family Court, Chennai dated 06.07.2019 made in I.A.No.5317 of 2018
in O.P.No.1072 of 2018.
For Appellant Mr.V.R.Kamalanathan
:
:
For Respondent Mr.S.Vasu
JUDGMENT
(Delivered by M.M.SUNDRESH.,J) The appellant is the husband of the respondent/wife. O.P.No.1072 of 2018 has been filed seeking divorce on the ground of Page 1 of 7 http://www.judis.nic.in C.M.A.No.3123 of 2019 desertion and cruelty. Pending the aforesaid case, the respondent filed I.A.No.5317 of 2018 seeking interim maintenance for a sum of Rs.25,000/-. The IV Additional Family Court, after taking note of the relevant materials, was pleased to award a sum of Rs.12,000/- per month. Challenging the same, the present appeal is filed.
2. Pending the present appeal, on 06.09.2019, an interim order was passed directing the appellant to pay a sum of Rs.1,20,000/-, being the arrears, in two instalments. The aforesaid order dated 06.09.2019 has been duly complied with.
3. The learned counsel appearing for the appellant submits that the appellant do not have sufficient means. It was his father, who is running the Agro Centre. Merely because three vehicles are standing in his name, it cannot be construed that he is earning Rs.60,000/- per month. Therefore, the order requires interference. Furthermore, the learned Single Judge in Crl.R.C.No. 299 of 2018 dated 21.08.2019 directed the appellant to pay a sum of Rs.5,000/- per month, pending disposal of D.V.C.No.22 of 2017.
4. The learned counsel appearing for the respondent would Page 2 of 7 http://www.judis.nic.in C.M.A.No.3123 of 2019 submit that the order passed by the learned Single Judge dated 21.08.2019 is put into operation only from the month of September, 2019. Therefore, at the time of passing order in I.A.No. 5317 of 2018 in O.P.No.1072 of 2018 on 06.07.2019, the order was not there. The Family Court, took into consideration the fact that the appellant is having three vehicles in his name and he is running the business along with his father. Therefore, the aforesaid aspects have been rightly taken into consideration by the Family Court. In such view of the matter, the appeal will have to be dismissed.
5. There are two primary facts, which are not in dispute. One is the compliance of the conditional order and the order passed by the learned Single Judge in Crl.R.C.No.299 of 2019 dated 21.08.2019 directing the appellant to pay a sum of Rs.5,000/- pending D.V.C.No. 22 of 2017 which has also been complied with. Though at the time of passing the order which is under challenge before us, the order of the learned Single Judge was not there, the fact remains that from the month of September, 2019, a sum of Rs.5,000/- is being paid by the appellant.
6. On the merits of the case, we do not find any error in the Page 3 of 7 http://www.judis.nic.in C.M.A.No.3123 of 2019 order passed by the Family Court. Admittedly, three vehicles were standing in the name of the appellant. The appellant on his own has shown that a considerable amount has been spent for IVF treatment. From the above, the Family Court has rightly come to the conclusion on the means of the appellant. Thus, we do not find any error in the order passed.
7. However, the learned Single Judge in Crl.R.C.No.299 of 2019, has also directed the appellant to pay a sum of Rs.5,000/- from the month of September, 2019 and the same is being complied with. Therefore, at least from that month, the appellant cannot be asked to pay another sum of Rs.12,000/- per month. Therefore, the aforesaid amount will have to be taken note of while ordering interim maintenance in this appeal. Though the order has come into effect from September, 2019 onwards, we are not inclined to pass any modification from that month. This is also for the reason that the arrears has been paid by the appellant and we are not inclined to enhance the same, at this point of time by taking note of the amount payable as per I.A.No.5317 of 2018. Therefore, in order to balance the interest on both sides coupled with the fact that the respondent does not have any child, the appellant will have to pay a sum of Rs.7,000/- Page 4 of 7 http://www.judis.nic.in C.M.A.No.3123 of 2019 henceforth from the month of December, 2019. The XV Metropolitan Magistrate is directed to keep in mind the order passed by us while disposing D.V.C No.22 of 2017 in the event of the amount of Rs.5,000/- is not being continued at the time of passing the order in D.V.C. No.22 of 2017. The amount payable by the Family Court in I.A.No. 5317 of 2018 with respect to Rs.12,000/- would stand restored. Accordingly, the order passed in I.A.No.5317 of 2018 stands modified to the extent indicated above.
8. Taking into consideration the facts of the case, we direct the IV Additional Family Court, to dispose of O.P.No.1072 of 2018 within a period of six months from the date of receipt of a copy of this judgment. Needless to state that all other connected matters pending before the said Court shall also be disposed of along with the O.P.
9. In such view of the matter, the Civil Miscellaneous Appeal stands partly allowed to the extent indicated above. No costs. Consequently, connected C.M.P.No.17546 of 2019 is closed.
(M.M.S.,J.) (K.R.,J.)
13.12.2019
Index : Yes/No
Page 5 of 7
http://www.judis.nic.in
C.M.A.No.3123 of 2019
ssm
To
The Presiding Officer,
IV Additional Family Court,
Chennai.
Page 6 of 7
http://www.judis.nic.in
C.M.A.No.3123 of 2019
M.M. SUNDRESH J.
AND
KRISHNAN RAMASAMY,J.
(ssm)
C.M.A.No.3123 of 2019
13.12.2019
Page 7 of 7
http://www.judis.nic.in