M. Senthil Amudhan v. Chitra

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) Nos.4207 & 4208 of 2015 and M.P.Nos.1 & 1 of 2015 M.Senthil Amudhan ... Petitioner in both revisions vs 1.Chitra 2.Sonalika (Minor) 3.S.Rajeswar (Minor) Respondents 2 & 3, minors, represented by their mother and natural guardian, the first respondent herein ... Respondents in both revisions Civil Revision Petitions filed under Article 227 of the Constitution of India against the order of learned Judge, Family Court, Salem, passed in I.A.No.47 of 2015 in O.S.No.25 of 2010 on 27.08.2015 and I.A.No.48 of 2015 in O.S.No.25 of 2010 on 04.08.2015.

For Petitioner :

Mr.S.S.Kannan (in both revisions) For Respondents :

Mr.B.Vasudevan [R1] (in both revisions) *****

O R D E R

C.R.P.(PD) No.4207 of 2015 arises against an order of interim maintenance. The Court below has directed payment of maintenance in a sum of Rs.7,000/- each to the wife as also the two children.

2. Learned counsel for petitioner referred to earlier order of this Court passed in C.R.P.(PD) No.3481 of 2007 wherein on finding that the petitioner drew a basic pay of Rs.27,870/- from July 2008, this Court has directed payment of a sum of Rs.5,000/- as maintenance to the wife. Learned counsel also referred to certain medical certificates and salary certificate of the year 2013 to inform that the petitioner is a cardiac patient and in fact had gone on leave on loss of pay owing thereto. Learned counsel further submits that C.M.A.No.1279 of 2015 filed by the petitioner is pending before this Court.

3. Learned counsel for respondents, on the other hand, submits that the requirement placed by the Court below of payment of maintenance in a sum of Rs.7,000/- each to the wife and two children is just and reasonable.

4. This Court has considered the rival submissions.

5. This Court notes from the salary certificate of the year 2013 that the petitioner was earning a sum of Rs.48,707/-. However, the claim of the petitioner that he is suffering from health problems resulting in his going on leave on loss of pay is also to be taken into consideration. In the attendant faces and circumstances, this Court is the view that interests of justice would be met if the petitioner is required to pay maintenance in a sum of Rs.5,000/- each to the wife as also the two children. Total sum payable as maintenance would be Rs.15,000/- payable from the date of original date of petition before the Court below. In all other aspects, the order of the Court below shall prevail.

6. C.R.P.(PD) No.4208 of 2015 arises against dismissal of I.A.No.48 of 2015 in O.S.No.25 of 2010 on the file of learned Judge, Family Court, Salem, under order dated 04.08.2015.

7. Learned counsel for petitioner submits that the Court below has erred in holding that the paternity of the second child has already been decided since an appeal in C.M.A.No.1279 of 2015 is pending before this Court challenging such position.

8. Petitioner, admitting to paternity of the first child disputes that of the second and sought a DNA test. In dismissing such application, the Court below has reasoned that similar relief was sought in earlier proceedings between the parties and was negatived. Such finding has been found to have become final. The Court below further has reasoned that the parties had access to each other from time to time and hence, a plea of non-paternity could not be accepted. This Court finds no error in the reasoning afforded by the Court below.

In the result, (i) C.R.P.(PD) No.4207 of 2015 is disposed of with the above direction. (ii) C.R.P.(PD) No.4208 of 2015 is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 16.06.2016 Index:yes/no Internet:yes gm To The Judge, Family Court, Salem.

C.T.SELVAM, J gm Civil Revision Petition (PD) Nos.4207 & 4208 of 2015 16.06.2016