The High Court modified the interim monthly maintenance awarded in favor of the respondent, reducing it to Rs.12,000, considering her remarriage following the dissolution of the appellant-petitioner's marriage.
Interim monthly maintenance reduced to Rs.12,000 per month; other aspects of the impugned order confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2017
Coram
The Hon'ble Mr. Justice A.SELVAM and
The Hon'ble Mr. Justice P.KALAIYARASAN
C.M.A.No.2038 of 2015
and
M.P.No.1 of 2015 C.M.P.No.4232 of 2016 T.G.Karthikeyan .. Appellant/Petitioner Vs Mrs.M.Lavanya ..Respondent/Respondent
Civil Miscellaneous Appeal preferred against the order dated 04.08.2015 made in I.A.No.3250 of 2012 in O.P.No.3498 of 2012, on the file of the I Additional Principal Judge, I Additional Family Court, Chennai.
For Appellant .. Mrs.Sudharsana Sundar for
Mr.M.V.Venkataseshan
For Respondent .. Mr.B.Thirumalai
JUDGMENT
(Judgment of the Court was delivered by A.SELVAM, J.)
This Civil Miscellaneous Appeal has been directed against the order dated 04.08.2015, passed in I.A.No.3250 of 2012 in O.P.No.3498 of 2012, by the First Additional Family Court, at Chennai.
2.The appellant herein, as petitioner, has filed O.P.No.3498 of 2012, on the file of the trial Court, for getting the relief of divorce, wherein, the present respondent has been shown as respondent. During pendency of the same, the respondent, as petitioner, has filed I.A.No.3250 of 2012, under Section 24 of the Hindu Marriage Act, 1955, praying to direct the respondent therein to pay interim monthly maintenance of Rs.30,000/- and also Rs.25,000/- towards litigation expenses.
3.The trial Court, after considering the divergent contentions raised on either side, has directed the respondent therein to pay a sum of Rs.15,000/- towards interim monthly maintenance and Rs.10,000/- towards litigation expenses, by way of passing the impugned order and the same is being challenged in the present Civil Miscellaneous Appeal.
4.The learned counsel appearing for the appellant has repeatedly contended to the effect that after passing order in I.A.No.3250 of 2012, O.P.No.3498 of 2012 has been allowed and the marriage between the appellant and respondent has been dissolved. The present respondent/wife has got remarried and further, the trial Court, without considering the contentions put forth on the side of the appellant/respondent, has erroneously fixed monthly interim maintenance of Rs.15,000/- and the same is also exorbitant and under the said circumstances, the quantum of interim monthly maintenance fixed by the trial Court is liable to be modified.
5.Per contra, the learned counsel appearing for the respondent/petitioner has also equally contended to the effect that the appellant/respondent is an Engineer, working in IBM and also drawing a monthly salary of Rs.80,000/-. Under the said circumstances, on the basis of financial capacity of the appellant/respondent, the trial Court has rightly fixed interim monthly maintenance of Rs.15,000/- and therefore, the quantum of interim monthly maintenance fixed by the trial Court does not require any modification.
6.It is an admitted fact that the appellant/respondent, as petitioner, has filed O.P.No.3498 of 2012, on the file of the trial Court for getting the relief of divorce against the respondent therein. It is also equally an admitted fact that during pendency of O.P.No.3498 of 2012, I.A.No.3250 of 2012 has been filed by the respondent, as petitioner, under Section 24 of the Hindu Marriage Act, 1955 for getting the relief of interim monthly maintenance as well as litigation expenses.
7.The trial Court, as pointed out earlier, has awarded interim monthly maintenance of Rs.15,000/- from the date of filing of the petition and also Rs.10,000/- towards litigation expenses.
8.The main gravamen expressed on the side of the appellant/respondent is that the quantum of interim monthly maintenance awarded by the trial Court is exorbitant. But the defence taken on the side of the respondent/petitioner is that the appellant/respondent is having paying capacity, since he has been drawing a monthly salary of Rs.80,000/-.
9.Considering the fact that after passing the impugned order in I.A.No.3250 of 2012, O.P.No.3498 of 2012 has been allowed and thereby the marriage between the parties has been dissolved, this Court is of the view to modify the quantum of interim monthly maintenance as pointed out infra.
10.It is an admitted fact that after dissolving marriage, the respondent/petitioner has got remarried. Under the said circumstances, this Court is of the view that interim monthly maintenance of Rs.12,000/-(Rupees Twelve Thousand only) can be fixed and to that effect this Civil Miscellaneous Appeal is liable to be modified.
In fine, this Civil Miscellaneous Appeal is allowed in
part. The quantum of interim monthly maintenance is modified as
follows:
The appellant/respondent is directed to pay
interim monthly maintenance of Rs.12,000/- (Rupees
Twelve Thousand only) to the respondent. In
respect of other aspects, the impugned order is
confirmed.
No costs. Connected miscellaneous petitions are closed.
s/d-
Assistant Registrar(CS VI)
True Copy
Sub-Assistant Registrar
msk
To
The I Additional Principal Judge
I Additional Family Court,
Chennai.
Copy to
The Section Officer
VR Section, High Court, Madras
+1 CC to Mr.M.V. Venkateseshan, Advocate sr 72129.
+1 Cc to Mr.S. Nagarajan, advocate sr 72167.
C.M.A.No.2038 of 2015
KK(CO)
SP(07/11/2017)
1 issue framed by the court
Whether the quantum of interim monthly maintenance awarded to a petitioner who has remarried after the dissolution of a prior marriage should be modified.
1 provisions across 1 enactments
T.G.Karthikeyan
Mrs.M.Lavanya
A.SELVAM
P.KALAIYARASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
