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2017 Supreme(Mad) 1834
IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.SELVAM, P.KALAIYARASAN, JJ.
T.G.Karthikeyan - Appellant
Vs
Mrs. M.Lavanya - Respondent
C.M.A.No.2038 of 2015 and M.P.No.1 of 2015, C.M.P.No.4232 of 2016
Decided On : 09-10-2017
For the Appellant : Mrs. Sudharsana Sundar for Mr. M.V.Venkataseshan
For the Respondent: Mr. B.Thirumalai
The Court has the discretion to modify the quantum of interim monthly maintenance based on the financial capacity of the parties involved and the circumstances of the case.
Headnote:
Hindu Marriage Act, 1955 - Interim Maintenance - Modification of Quantum
Fact of the Case:
The appellant filed for divorce, and during the proceedings, the respondent filed for interim monthly maintenance under Section 24 of the Hindu Marriage Act, 1955. The trial Court initially awarded Rs.15,000/- as interim monthly maintenance and Rs.10,000/- towards litigation expenses. The appellant contended that the maintenance was exorbitant, while the respondent argued that the appellant had the paying capacity due to a monthly salary of Rs.80,000/-.
Finding of the Court:
The Court found that after the marriage was dissolved, the respondent had remarried. Considering this, the Court modified the quantum of interim monthly maintenance to Rs.12,000/- and confirmed the impugned order in other aspects.
Issues: The main issue was the quantum of interim monthly maintenance awarded by the trial Court, and whether it needed modification based on the financial capacity of the appellant/respondent.
Ratio Decidendi: The Court considered the financial capacity of the appellant/respondent and the fact that the marriage had been dissolved, leading to the modification of the interim monthly maintenance.
Final Decision: The Civil Miscellaneous Appeal was allowed in part, and the quantum of interim monthly maintenance was modified to Rs.12,000/-. The impugned order in other aspects was confirmed, and no costs were awarded. Connected miscellaneous petitions were closed.
A.SELVAM, J.
This Civil Miscellaneous Appeal has been directed against the order dated 04.08.2015, passed in I.A.No.3250 of 2012 in O.P.No.3498 of 2012, by the First Additional Family Court, at Chennai.
2. The appellant herein, as petitioner, has filed O.P.No.3498 of 2012, on the file of the trial Court, for getting the relief of divorce, wherein, the present respondent has been shown as respondent. During pendency of the same, the respondent, as petitioner, has filed I.A.No.3250 of 2012, under Section 24 of the Hindu Marriage Act, 1955, praying to direct the respondent therein to pay interim monthly maintenance of Rs.30,000/- and also Rs.25,000/- towards litigation expenses.
3. The trial Court, after considering the divergent contentions raised on either side, has directed the respondent therein to pay a sum of Rs.15,000/- towards interim monthly maintenance and Rs.10,000/- towards litigation expenses, by way of passing the impugned order and the same is being challenged in the present Civil Miscellaneous Appeal.
4. The learned counsel appearing for the appellant has repeatedly contended to the effect that after passing order in I.A.No.3250 of 2012, O.P.No.3498 of 2012 has been allowed and the marriage between the appellant and respondent has been dissolved. The present respondent/wife has got remarried and further, the trial Court, without considering the contentions put forth on the side of the appellant/respondent, has erroneously fixed monthly interim maintenance of Rs.15,000/- and the same is also exorbitant and under the said circumstances, the quantum of interim monthly maintenance fixed by the trial Court is liable to be modified.
5. Per contra, the learned counsel appearing for the respondent/petitioner has also equally contended to the effect that the appellant/respondent is an Engineer, working in IBM and also drawing a monthly salary of Rs.80,000/-. Under the said circumstances, on the basis of financial capacity of the appellant/respondent, the trial Court has rightly fixed interim monthly maintenance of Rs.15,000/- and therefore, the quantum of interim monthly maintenance fixed by the trial Court does not require any modification.
6. It is an admitted fact that the appellant/respondent, as petitioner, has filed O.P.No.3498 of 2012, on the file of the trial Court for getting the relief of divorce against the respondent therein. It is also equally an admitted fact that during pendency of O.P.No.3498 of 2012, I.A.No.3250 of 2012 has been filed by the respondent, as petitioner, under Section 24 of the Hindu Marriage Act, 1955 for getting the relief of interim monthly maintenance as well as litigation expenses.
7. The trial Court, as pointed out earlier, has awarded interim monthly maintenance of Rs.15,000/- from the date of filing of the petition and also Rs.10,000/- towards litigation expenses.
8. The main gravamen expressed on the side of the appellant/respondent is that the quantum of interim monthly maintenance awarded by the trial Court is exorbitant. But the defence taken on the side of the respondent/petitioner is that the appellant/respondent is having paying capacity, since he has been drawing a monthly salary of Rs.80,000/-.
9. Considering the fact that after passing the impugned order in I.A.No.3250 of 2012, O.P.No.3498 of 2012 has been allowed and thereby the marriage between the parties has been dissolved, this Court is of the view to modify the quantum of interim monthly maintenance as pointed out infra.
10. It is an admitted fact that after dissolving marriage, the respondent/petitioner has got remarried. Under the said circumstances, this Court is of the view that interim monthly maintenance of Rs.12,000/-(Rupees Twelve Thousand only) can be fixed and to that effect this Civil Miscellaneous Appeal is liable to be modified.
In fine, this Civil Miscellaneous Appeal is allowed in part. The quantum of interim monthly maintenance is modified as follows:
The appellant/respondent is directed to pay interim mo
