R.Rajagobal v. R.Bhuvaneswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 17.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN C.M.A.No.503 of 2016 and C.M.P.No.4285 of 2016 R.Rajagobal .... Appellant Vs - R.Bhuvaneswari .... Respondent Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act against the order dated 29.1.2016 made in I.A.No.941 of 2015 in H.M.O.P.No.77 of 2015 on the file of the Family Court, Erode and District.

For Appellant : Mr.I.C.Vasudevan

J U D G M E N T

(The Judgment of the Court was delivered by S.VAIDYANATHAN,J.) This Civil Miscellaneous Appeal is filed by the appellant/husband challenging the order dated 29.1.2016 made in I.A.No.941 of 2015 in H.M.O.P.No.77 of 2015 on the file of the Family Court, Erode and District granting interim maintenance to the child.

2. The brief facts of the case are as follows: The marriage between the appellant and the respondent was solemnized on 11.6.2000 and out of the said wedlock two children were born to them. Due to some misunderstanding between them, the appellant filed a petition in H.M.O.P.No.241 of 2007 before the Principal Sub Court, Erode, seeking divorce and the said petition was allowed exparte. Thereafter, both the appellant and respondent lived together for a period of five years. Subsequent to that, again there arose misunderstanding between the parties. Hence, the appellant filed a petition seeking divorce in H.M.O.P.No.77 of 2015. During the pendency of the said petition, the respondent/wife filed a petition in I.A.No.941 of 2015 seeking interim maintenance to herself and

her two children. The Family Court, after considering the submissions on both sides, ordered interim maintenance of Rs.1,500/- each to the two children, however rejected the relief with regard to the respondent/wife. Aggrieved by the said grant of interim maintenance, the appellant/husband is before this Court.

3. Heard the learned counsel appearing for the appellant and perused the materials placed before this Court.

4. A perusal of the order of the Family Court reveals that there is some misunderstanding between the appellant and the respondent and a petition seeking divorce is pending. In the petition filed by the respondent/wife seeking interim maintenance, the Family Court considering the submission that the respondent/wife is employed and is in a position to meet her expenses observed that she is not entitled for any interim maintenance, however, taking into consideration the educational expenses of the children, the Family Court ordered meagre amount of Rs.1,500/- each to the children.

5. Considering the age of the respondent/wife and the children, we find that the order passed allowing interim maintenance only to the children is just and reasonable. Even though the appellant is employed in Indian Overseas Bank and earning a sum of Rs.19,906/-, the Family Court ordered only a meagre sum of Rs.1,500/- each to the children alone. The Family Court observed that after some deductions towards loan, the appellant/husband is earning a sum of Rs.6,255/-. It is seen that the loan obtained by the appellant/husband is for his personal use only and it could not be stated that the appellant is earning meagre amount.

6. In the result, we are not inclined to interfere with the order of the Court below. Accordingly, this Civil Miscellaneous Appeal stands dismissed. No costs. Consequently, C.M.P.No.4285 of 2016 is also dismissed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

Copy to The Judge, The Family Court, Erode and District.

C.M.A.No.503 of 2016 and C.M.P.No.4285 of 2016 ev(CO) srg(01/04/2016)