B.Chandha v. A.Suriyadarshan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P.PD.No.773 of 2025 and C.M.P.No.4581 of 2025 B.Chandha ... Petitioner Vs A.Suriyadharshan ... Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India praying to stay all proceedings in H.M.O.P.No.1232 of 2023 pending on the file of Hon'ble Additional Principal Family Court, Coimbatore.

For Petitioner : Mr.Adinarayana Rao For Respondent : Mr.C.D.Sugumar

ORDER

Challenging the order granting maintenance of a sum of Rs.25,000/- per month, the wife is before this Court.

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2. The petitioner-wife had filed an application for divorce against the respondent herein on the ground of cruelty.

3. Pending the above divorce petition, she had also taken out an application for interim maintenance.

4. It is the petitioner's contention that the respondent/husband is an engineering Graduate and the Director of one MultiTek Control Private Limited and he earns a monthly income of Rs.2,00,000/-. That apart, the respondent's family owns a Petrol Bunk at Ramanathapuram and Coimbatore where he gets a sum of Rs.50,000/- towards his share. Apart from the above, the respondent owns a land, a Benz Car, Commercial complex near Pollachi, Flats etc. The respondent is very well-off whereas the petitioner is earning a meagre amount of Rs.15,000/- per month. Therefore, she has sought for monthly maintenance of Rs.50,000/- to be on part with the status of the respondent.

5. The respondent had filed a counter, inter-alia, contending that he is a Director in his Father's Company and is only earning a sum of 2/5

Rs.25,000/- per month and that he cannot pay the maintenance to his wife as prayed for.

6. The learned Family Judge, Coimbatore had observed that the husband, who claims to be a Director, earning a monthly income of Rs.25,000/- had produced only the accounts from the City Union Bank. However, from the very perusal of the statement, it appears that he has accounts with other Banks as well and the statement issued also shows several cash deposits, cheque clearance deposits etc., The respondent, who claims to be employed in a Multitek Control Private Limited, is receiving amounts only from one Extreme Engineering Industry. Therefore, the learned Judge had come to the conclusion that it was unbelievable that he is earning only a sum of Rs.25,000/-. Therefore, the learned Judge had granted a maintenance amount of Rs.25,000/- to the petitioner. Challenging the same, the petitioner is before this Court.

7. Heard the learned counsels on either side and perused the materials available on record.

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8. The Bank Statements that have been produced before this Court clearly show that there are transfers of huge amount to the respondent's account and therefore, his contention that he is earning only a sum of Rs.25,000/- per month is absolutely unbelievable and appears to be a false statement. He has not produced his income tax returns and other bank statements as well. Therefore, this Court is of the opinion that the maintenance amount can be enhanced by a further sum of Rs.15,000/-. Accordingly, this petition is allowed and the respondent-husband is directed to pay a monthly maintenance of Rs.40,000/- to the petitionerwife. No costs. Consequently, connected miscellaneous petition is closed. 08.04.2025 Index: Yes/No Speaking order/non-speaking order srn To, The Additional Principal Family Court, Coimbatore. 4/5

P.T.ASHA, J., srn C.R.P.PD.No.773 of 2025 and C.M.P.No.4581 of 2025 08.04.2025 5/5