A.Rajeswari v. R.Rajendiran

Madras HC21 Jan 2025CMA/2200/2024

Case brief

AI extract

What is this about?

C.M.A.No.2200 of 2024, Madras High Court, decided 21.01.2025 (J. Nisha Banu & R. Sakthivel, JJ.): divorce decree in H.M.O.P.No.567 of 2019 set aside and appeal allowed solely on the ground of the husband's continued non-payment of maintenance ordered in M.C.No.240/2013; reliance on Kaushalya v. Mukesh Jain (2020) 17 SCC 822 and Rajnesh vs. Neha (AIR 2021 SC 569) — defence liable to be struck off for non-payment of maintenance; appeal under S.19, Family Courts Act, 1984; no costs; connected C.M.P. closed.

What did the court decide?

Civil Miscellaneous Appeal allowed; order dated 18.05.2024 in H.M.O.P.No.567 of 2019 passed by IV Additional Family Court, Chennai set aside; no costs; connected miscellaneous petition (C.M.P.No.17056 of 2024) closed. ¶42-43

A.Rajeswari Vs R.Rajendiran — Madras HC (2025) — LawSathi Research

¶1

C.M.A.No.2200 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 21.01.2025

¶4

CORAM

¶5

THE HONOURABLE MRS. JUSTICE J.NISHA BANU

¶6

and

¶7

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

¶8

C.M.A.No.2200 of 2024 and C.M.P.No.17056 of 2024

¶9

Mrs.A.Rajeswari

¶10

..Appellant/Respondent

¶11

-vs-

¶12

Mr.R.Rajendiran ...Respondent/Petitioner Prayer : This Civil Miscellaneous Appeal is filed under Section 19 of Family Courts Act, 1984 to set aside the order dated 18.05.2024 in H.M.O.P.No.567 of 2019 on the file of IV Additional Family Court, Chennai.

¶13

For Appellant : Mr.A.D.Janarthanan

¶14

For Respondent : Mr.C.R.Malarvanan

¶15

J U D G M E N T

¶16

(By J.Nisha Banu,J.)

¶17

This Civil Miscellaneous Appeal has been filed, seeking to

¶18

set aside the order dated 18.05.2024 in H.M.O.P.No.567 of 2019 on the

¶19

file of IV Additional Family Court, Chennai, by which, the Family Court

¶20

allowed the petition filed by the respondent / husband for divorce.

¶21

https://www.mhc.tn.gov.in/judis

¶22

Page 1/4

¶23

C.M.A.No.2200 of 2024

¶24

Today, when the matter is taken up, the learned counsel

¶25

for the appellant /wife stated that the respondent/husband has not paid any maintenance amount to the appellant/wife, as ordered in M.C.No.240/2013 by the Family Court from the year 2019.

¶26

It is relevant to point out at this juncture, the decision of

¶27

the Hon'ble Supreme Court reported in Kaushalya v. Mukesh Jain ,

¶28

(2020) 17 SCC 822 wherein it has been held as follows:

¶29

"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."

¶30

Further, in the decision reported in AIR 2021 SC 569

¶31

(Rajnesh vs. Neha) , the Hon'ble Supreme Court had passed a detailed

¶32

judgment giving certain Guidelines / Directions on Maintenance to be followed and in the said decision, the Hon'ble Supreme Court has observed as follows:

¶33

“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.”

¶34