C.Srinivasan v. S.Sivasankari
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2017 CORAM :
THE HONOURABLE MR. JUSTICE R.SUBBIAH AND THE HONOURABLE MR. A.D. JAGADISH CHANDIRA C.M.A. No.1246 of 2017 & CMP.6328/2107 C.Srinivasan ... Appellant Vs.
1.S. Sivasankari
2. Sai Sivesh Rep. by his mother and Natural Guardian S. Sivasankari ... Respondents Prayer:- Civil Miscellaneous Appeal filed under Section 19 Family Court Act against the fair and final order dated 02.12.2015 made in I.A. No.374 of 2015 in H.M.O.P. No.663 of 2014, on the file of Family Court, Erode.
For Appellant : Mr.Pitty Parthasarthy For Respondents : M/s.C. Uma
JUDGMENT
(Judment of the Court deliverd by A.D. Jagadish Chandira.J,) This Civil Miscellaneous Appeal has been filed against the order passed by the Family Court, Erode in I.A. No.374 of 2015 in H.M.O.P. No.663 of 2014 dated 02.12.2015, awarding Rs. 7,500/- per month each to the first respondent/wife and second respondent/ son towards interim maintenance under section 24 of Hindu Marriage Act,1955 from the date of filing of the petition.
2.The brief facts of the case remains that the appellant and the first respondent were married at Harur on 20.02.2009. Thereafter, both of them have left to America and later a male child was born to them on 18.10.2011. Due to the matrimonial discord, the first respondent along with son were sent to her parents' house during June 2014. Thereafter, the husband filed H.M.O.P 663 of 2014 before the Family Court, Erode.
3.The first respondent/wife had filed the petition for interim maintenance for herself and her child under section 24 of Hindu Marriage Act 1955, claiming an amount of Rs.75,000/- per month towards interim alimony and Rs.30,000/- towards the legal expenses.
4.The appellant had filed counter resisting the claim of the first respondent/wife stating that she has got sufficient means.
5.The claim had been made by the first respondent/wife on the ground that her husband was earning more than Rs.2,00,000/- per month and she had produced the salary certificate of her husband for the year 2013 when he was earning Rs.1,32,482/- per month and she had claimed that she has no means to support her and her child, whereas the Court below had awarded interim maintenance at Rs.7,500/- per month each to the wife and child from the date of filing of the petition.
6. Heard counsel for both parties.
7. The interim maintenance awarded at Rs.7,500/- by the Court below per month each to the wife and the child seems to be reasonable. Therefore, We find no infirmity in the order passed by the learned Family Court Judge and there is no valid ground to interfere with the order passed by the Court below.
8. The learned Counsel for the appellant submits that in compliance of the order passed by this Hon'ble Court dated 13.04.2017, the appellant had deposited 50% of the arrears of interim maintenance.
9. The order passed by the Family Court, Erode in I.A. No.374 of 2015 in H.M.O.P. No.663 of 2014 is confirmed and the appellant is directed to deposit the balance arrears within a period of four weeks from today and thereafter continue to pay the interim maintenance awarded by the Family Court, Erode till the disposal of main O.P. and the Family Court, Erode is directed to dispose of the main H.M.O.P. No.663 of 2014 within a period of six months from the date of receipt of a copy of this order.
10. With the above observation, the Civil Miscellaneous Appeal is dismissed. No Costs. Consequently the connected miscellaneous petition is also dismissed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar lbm
To The Family Court, Erode.
+ 1 cc to Mrs. Pitty Parthasarthy, Advocate SR.47459 + 1 cc to M/s. C. Uma, Advocate Sr.46981 C.M.A. No.1246 of 2017 RR(CO) EU 3.08.17