Interim maintenance under Section 24 HMA requires specific finding of husband's fault; where wife seeks divorce and no fault found, interim order set aside. Amount deposited during appeal stays with family court.
Impugned order set aside; amount deposited remains to credit of H.M.O.P.No.172 of 2018 ¶¶34
The family court could have passed an order for interim maintenance only after rendering a specific finding that the appellant was at fault. Since no such finding was rendered and the respondent is seeking divorce, her rights will abide by the outcome of the HMOP. The impugned order is set aside. The civil miscellaneous appeal is allowed. The amount already deposited by the appellant will remain to the credit of H.M.O.P.No.172 of 2018. ¶¶33-¶34
1 C.M.A.(MD)NO.469 OF 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MS.JUSTICE R. POORNIMA
C.M.A.(MD)No.469 of 2019 AND C.M.P.(MD)No.5540 of 2019
Dr.P.S.Raghu ... Appellant / Respondent / Petitioner
Vs.
V.S.Shruthy ... Respondent/ Petitioner / Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984, to set aside the fair and decreetal order made in I.A.No.1 of 2019 in H.M.O.P.No.172 of 2018 on the file of the Family Judge, Kanniyakumari District at Nagercoil dated 09.04.2019 by allowing this civil miscellaneous appeal.
For Appellant : Mr.S.Seenivasan For Respondents : Mr.N.Anand Chellaram
1/4
2 C.M.A.(MD)NO.469 OF 2019
J U D G M E N T
(Judgment of the Court was delivered by G.R.SWAMINATHAN, J.)
Heard the learned counsel on either side.
file of the Family Court, Kanyakumari at Nagercoil seeking divorce. In the said HMOP, the respondent filed I.A.No.1 of 2019 seeking interim maintenance under Section 24 of the Hindu Marriage Act. The Court below vide order dated 09.04.2019 directed the appellant herein to pay a sum of Rs.15,000/- per month towards interim alimony. Questioning the same, this civil miscellaneous appeal came to be filed.
should pay a sum of Rs.7,500/- per month. The learned counsel for the appellant states that the said condition has been complied with.
cruelty. The appellant herein in his counter affidavit had expressed his
2/4
3 C.M.A.(MD)NO.469 OF 2019
readiness to take her back. It is further seen that the appellant herein originally worked as Lecturer in the College of Pharmacy at Rajasthan.
On 02.01.2019, he had met with a major accident. As a result, his services were terminated. It is stated that the appellant is presently without employment.
7.In the facts and circumstances of this case, since the respondent is seeking divorce, her rights will have to be abide by the outcome of the HMOP. However, the amount already deposited by the appellant will remain to the credit of H.M.O.P.No.172 of 2018 which will abide by the outcome of the HMOP. The impugned order is set aside. This civil miscellaneous appeal is allowed. No costs. Consequently, connected miscellaneous petition is closed.
(G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.) 9th January 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU
3/4
4 C.M.A.(MD)NO.469 OF 2019
G.R.SWAMINATHAN,J.
AND
R.POORNIMA, J.
PMU
To:
C.M.A.(MD)No.469 of 2019
09.01.2025
4/4
1 issue framed by the court
Whether the family court could grant interim maintenance without a specific finding that the appellant was at fault, given the respondent is seeking divorce on cruelty grounds.¶¶33
How this case reached the court
Order dated 09.04.2019 directing the appellant to pay Rs.15,000/- per month towards interim alimony¶¶22
Family Judge, Kanniyakumari District at Nagercoil · 09.04.2019
Appellant filed H.M.O.P.No.172 of 2018 seeking divorce; respondent filed I.A.No.1 of 2019 seeking interim maintenance under Section 24 of the Hindu Marriage Act¶¶21-¶22
Interim stay granted on condition that appellant pay Rs.7,500/- per month; appellant complied¶¶23-¶24
G.R. Swaminathanauthor¶¶5, ¶19, ¶35
R. Poornimamember¶¶7, ¶35
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
