Husband appealed the Family Court's dismissal of his divorce petition without paying maintenance arrears of about Rs.7,15,000 owed since 2016. Relying on Supreme Court directions that non-payment permits striking off the defence, the Division Bench dismissed the appeal, holding it could not be maintained without payment.
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.
C.M.A.No.2460 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.M.A.No.2460 of 2023
M.Purushothaman
... Appellant
Vs.
J.Leeshow
... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of Family Courts Act, 1984, against the Order dated 26.07.2023 made in I.D.O.P.No.13/2019 on the file of the Family Court, Cuddalore.
For Appellant : Ms.B.Sharmila
For Respondent : Mr.P.Vasanth
JUDGMENT
(Judgment of the Court was delivered by J. Nisha Banu, J)
This Appeal has been filed by the appellant/husband challenging
the dismissal order passed by the Family Court, Cuddalore, in
Page 1/5
C.M.A.No.2460 of 2023
I.D.O.P.No.13 of 2019 dated 26.07.2023, in which, the appellant has
sought for grant of divorce.
respondent/wife stated that the appellant/husband has not paid maintenance amount as ordered by the Family Court, Cudddalore, since 2016.
Hon'ble Supreme Court reported in Kaushalya v. 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."
vs. Neha) , the Hon'ble Supreme Court had passed a detailed judgment
giving certain Guidelines / Directions on Maintenance to be followed and in the said decision, the Hon'ble Supreme Court has been observed as follows:
Page 2/5
C.M.A.No.2460 of 2023
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.
appellant/husband to prosecute the appeal without paying the maintenance. This Court has no other option except to dismiss this Appeal as the appellant cannot maintain the appeal without paying the maintenance. Accordingly, the Civil Miscellaneous Appeal stands dismissed. No costs.
(J.N.B, J.) (R.S.V., J.) 10.01.2025
vsi
Page 3/5
C.M.A.No.2460 of 2023
To
The Family Court, Cuddalore.
Page 4/5
C.M.A.No.2460 of 2023
J. NISHA BANU, J. and R. SAKTHIVEL, J.
vsi
C.M.A.No.2460 of 2023
10.01.2025
Page 5/5
1 issue framed by the court
Whether a husband who has not paid ordered maintenance can be allowed to prosecute an appeal against dismissal of his divorce petition.
Colour shows how this judgement treated each authority
Kaushalya v. Mukesh JainRelied on¶3
(2020) 17 SCC 822 · Who else cites this
Rajnesh vs. NehaRelied on¶4
AIR 2021 SC 569 · Who else cites this
1 provisions across 1 enactments
M.Purushothaman
J.Leeshow
J. Nisha Banu
R. Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
