IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, A.D. JAGADISH CHANDIRA, JJ.
Dr. Anusha - Appellant
Versus
Dr. Arjun - Respondent
Civil Miscellaneous Appeal No. 2408 and 2409 of 2016 and C.M.P. No. 16764 of 2016
Decided On : 31-08-2017
Criminal Procedure Code, 1973 – Section 125 - Maintenance Act - Section 18 and 20 - Hindu Adoptions and Maintenance Act, 1956 - Hindu Marriage Act, 1955 - Hindu Minority and Guardianship Act, 1956 - Hindu Succession Act, 1956 - Section 125 – Dissolution of marriage - Cruelty and desertion - Decreed - According to respondent, marriage between him and appellant was solemnised as per Hindu rites and customs at AVM and registered with office of Sub-Registrar, My-lapore on same day - Earlier, respondent has rejected alliance with appellant for reason that he wanted only a home-maker as wife, who can help him in raising family, inasmuch as respondent is only son to his parents, however appellant only wanted to practice as a Doctor and was unwilling to give up her profession - Appellant went to extent of going to Temple on day when mother of respondent makes a visit and made a promise in front of deity that she would even tear degree certificates to prove her bona-fides - Moved by such an act of appellant towards respondent and his family, mother of respondent convinced respondent and his father to solemnise the marriage between appellant and respondent – Held, Court therefore direct that respondent shall pay a sum per month for each of two children aforementioned from date of order of the Family Court - For earlier period respondent shall pay Rs.500 per month for each of children from the date of application i.e., per month from date of second application, which and @ Rs.1500 per month from date of third application - These amounts shall be apart from amount which respondent has already been paying to children @ Rs.250 per month under Section 125 of Code - In present case, evidence on record clearly shows that appellant is employed and she is in a position to maintain herself and therefore she is not entitled for maintenance from the respondent - Further, appellant also owes an obligation to maintain child and it is not respondent, who alone has to maintain the minor child - Having regard to above legal position, Court are of view that court below has rightly refused to award any maintenance amount to appellant but only directed respondent/husband to pay a sum per month to minor son - CMA No. is partly allowed - CMA No. is dismissed - Consequently, connected C.M.P. No. are closed
R. SUBBIAH, J.
1. CMA No. 2408 of 2016 is filed by the appellant questioning the correctness of the order dated 07.12.2015 passed by the learned II Additional Family Court, Chennai in I.A. No. 863 of 2015 in O.P. No. 1119 of 2012. By the said order dated 07.12.2015, the Family Court, while dismissing the Interloctuary Application filed by the appellant for maintenance, directed the respondent to pay a sum of Rs.20,000/- per month as maintenance to the minor son Anirudh.
2. CMA No. 2409 of 2016 is filed by the appellant against the Judgment and Decree dated 07.12.2015 passed in O.P. No. 1119 of 2012 by the II Additional Family Judge, Chennai. In and by the said Judgment dated 07.12.2015, the Original Petition filed by the respondent for dissolution of the marriage dated 26.04.2010 on the grounds of cruelty and desertion was decreed.
3. Since the issues involved in both the appeals are inter-connected with each other, they are taken up together and are disposed of by this common judgment.
4. (i) The respondent/husband has filed O.P. No. 1119 of 2012 before the Family Court, Chennai for dissolution of the marriage solemnised between him and the appellant/wife on 26.04.2010 on the grounds of cruelty and desertion. According to the respondent, the marriage between him and the appellant was solemnised on 26.04.2010 as per Hindu rites and customs at AVM Rajeswari Kalyana Mandapam, Chennai and registered with the office of the Sub-Registrar, My-lapore on the same day. Earlier, the respondent has rejected the alliance with the appellant for the reason that he wanted only a home-maker as wife, who can help him in raising the family, inasmuch as the respondent is the only son to his parents, however, the appellant only wanted to practice as a Doctor and was unwilling to give up her profession. In view of the above, earlier, the proposal for the marriage between the appellant and the respondent did not materialise. Subsequently, according to the respondent, the appellant, some how or the other befriended his sister and slowly convinced her that she would not go for a job after marriage and would remain as a home-maker as per the wishes of the respondent. The appellant went to the extent of going to Sai Baba Temple on the day when the mother of the respondent makes a visit and made a promise in front of the deity that she would even tear the degree certificates to prove her bona-fides. Moved by such an act of the appellant towards the respondent and his family, the mother of the respondent convinced the respondent and his father to solemnise the marriage between the appellant and the respondent. Accordingly, the marriage was solemnised between him and the appellant on 26.04.2010. After the marriage, the respondent and the appellant started their matrimonial home at the residence of the respondent at Radhakrishnan Salai, Chennai. Due to the wedlock, on 23.03.2011, the couple were blessed with a male child – Anirudh.
(ii) According to the respondent, the appellant was very cordial, respectful and affectionate towards him and his parents between the period of betrothel until the date of the marriage. After marriage, the respondent and appellant went for a honeymoon on May 4, 2010 to Newzealand and Malaysia, where there was a sudden change in the attitude and behavioural pattern of the appellant. Further, the appellant stayed for a very short period in the matrimonial home from the date of marriage and she always wanted to be in her parents house on the pretext that she had to take care of her mother who had undergone knee replacement surgery, besides her father is aged and retired from service. Thus, the appellant stayed intermittently in the matrimonial home. Even during such intermittent stay, the appellant always developed quarrel with the respondent and his mother. The appellant used to be very harsh and rude towards the mother, father and sister-in-laws of the respondent for no reason. The appellant used to make wild and untrue alle
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