G.K.Prabudass @ Prabudass v. D.Divya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.M.A. No.1860 of 2018 and C.M.P.No.14391 of 2018 G.K.Prabudass @ Prabudass Kabirdass ..Appellant/Respondent/Respondent -vsD.Divya ..Respondent/Petitioner/Petitioner Civil Miscellaneous Appeal filed under Section 19 of the Famil Courts Act, 1984 against the fair and decreetal order dated 27.06.2018 passed in IA.No.3465 of 2017 in OP.No.3230 of 2017 on the file of the IV Additional Family Court at Chennai. For Appellant : Mr.J.Saravana Vel For Respondent : Mr.B.Thilak Narayanan

J U D G M E N T

[Judgment of the Court was delivered by R.SUBRAMANIAN,J.] The challenge in this appeal is to the order of interim maintenance passed by the learned IV Additional Principal Judge, Family Court, Chennai, directing the husband to pay a sum of Rs.20,000/- per month at Rs.10,000/- each to the wife and the child, apart from directing the appellant to pay the expenses for the education of the child and litigation expenses.

2. We have heard Mr.J.Saravana Vel, learned counsel appearing for the appellant and Mr.B.Thilak Narayanan, learned counsel appearing for the respondent.

3. Mr.J.Saravana Vel, learned counsel would mainly contend that the the Court has no jurisdiction to order payment of interim maintenance for the child under Section 24 of the Act.

4. We find some force in the said contention of the learned counsel, however, the fact that there is a child born out of the marriage has to be taken into account by the Court while fixing the quantum of interim maintenance. https://hcservices.ecourts.gov.in/hcservices/

5. Mr.B.Thilak Narayanan, learned counsel appearing for the respondent wife would contend that the husband is Engineer working in abroad therefore the quantum of maintenance awarded by the Family Court is just and reasonable.

6. We have considered the rival submissions. While accepting the submissions of the learned counsel for the appellant regarding the direction to pay monthly maintenance to child, we are of the considered opinion that a sum of Rs.15,000/- per month would be reasonable considering the totality of the circumstances. We therefore modify the order of the trial Court as follows:- The appellant husband shall pay a sum of Rs.15,000/- per month from 24.08.2017 as interim maintenance to the wife. The educational and litigation expenses shall be paid as directed by the trial Court.

7. In view of the above the appeal is partly allowed, the monthly interim maintenance alone is reduced to Rs.15,000/- from Rs.20,000/- per month. The appellant husband shall pay the arrears of maintenance in two equal monthly installments. The future maintenance shall be paid on or before 5th of every succeeding months. The husband shall also pay the educational expenses along with the arrears of maintenance in two equal monthly installments. The litigation expenses of Rs.25,000/- shall be paid within a period of two weeks from the date of receipt of a copy of this order. Any finding of the Family Court touching the merits of the main dispute will stand deleted. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is also closed.

Dsa Sd/- Assistant Registrar(CS VI) //True copy// Sub Assistant Registrar To The IV Additional Principal Judge, Family Court, Chennai.

+ 1 cc to Mr.B.Thilak Narayanan, Advocate Sr 72644 + 1 cc to Mr.J.Saravana Vel, Advocate Sr 72546 KR/20/11/18 C.M.A.No.1860 of 2018 https://hcservices.ecourts.gov.in/hcservices/