Karthik Thirumal Girija v. M. Vandhana

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2025

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.No.5258 of 2025 Karthik Thirumal Girija ... Appellant -VsVandhana ... Respondent PRAYER : Appeal under Section 19 of the Family Courts Act r/w.Section 28 of Hindu Marriage Act, against the fair and decretal order dated 24.04.2024 made in I.A.No.3 of 2023 in O.P.No.991 of 2023 on the file of II Additional Principal Family Court, Chennai.

For Appellant :

Mr.M.Velmurugam for Mr.M.Venkatesh For Respondent :

Mr.N.S.Suganthan 1/6

J U D G M E N T

(Judgment of the Court was delivered by R.SURESH KUMAR, J.) This civil miscellaneous appeal has been directed against the order dated 24.04.2024 made in I.A.No.3 of 2023 in O.P.No.991 of 2023 on the file of II Additional Principal Family Court, at Chennai.

2. Before the Family Court, the respondent / wife filed the said interlocutory application seeking for the monthly maintenance of Rs.30,000/- for her daughter, who is six years old and also Rs.10,00,000/- towards the educational and other expenses of the child.

3. The Family Court having considered both sides plea has ordered a sum of Rs.25,000/- per month from the date of filing of petition to be paid by the appellant to the respondent / wife towards maintaining the child who is six years old, as against which, the present appeal has been directed.

4. Heard Mr.M.Velmurugam, learned counsel appearing for the appellant and Mr.N.Suganthan, learned counsel appearing for the respondent. 2/6

5. It is brought to our notice that the appellant is working as Software Engineer and earning a sum of Rs.1.4 lakhs per month. Of course, the respondent / wife also is employing and she is earning Rs.35,000/- per month as stated by the learned counsel for the respondent / wife which is disputed by the learned counsel appearing for the appellant / husband who would submit that the respondent / wife is earning Rs.80,000/- per month.

6. Be that as it may, insofar as the maintenance of the child is concerned, as the appellant being a biological father who has to also shoulder the responsibility and therefore, certainly he has to pay monthly maintenance to the welfare of the child, where, the amount must be Rs.25,000/- or less is the only question to be answered here.

7. After having considered all the aspects and taking into account of the fact that the six years old girl child since is also taking education from a reputed School, for which fee also have to be paid and that apart, the other maintenance of girl child also has to be borne out and taking into totality of the situation, we feel that, the monthly maintenance as ordered by the learned Judge at Rs.25,000/- can be modified into Rs.20,000/- which shall be paid from the date of fixation that means including the arrears at the same rate, i.e, Rs.20,000/- per 3/6

month. As per the modified order, the arrears shall be paid by the appellant within a period of two months from the date of receipt of a copy of this judgment and every month, he shall continue to pay the modified amount until further orders to be passed by the Court below. The arrears amount and the monthly maintenance would be deposited by the appellant / husband in the bank account of the respondent / wife without fail.

8. With this modification of the impugned order, this Civil Miscellaneous Appeal is ordered accordingly. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (R.S.K., J.) (A.D.M.C., J.) 21.03.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji 4/6

To

1. The learned II Additional Principal Judge, Family Court, Chennai.

2. The Section Officer, V.R. Section, High Court, Chennai.

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R.SURESH KUMAR, J.

and A.D.MARIA CLETE, J.

vji and C.M.P.No.5258 of 2025 21.03.2025 6/6