Back
2019 Supreme(Mad) 1266
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.M. SUNDRESH, C. SARAVANAN, JJ.
V. Srivatsan – Appellant
Versus
S.R. Gayatri – Respondent
C.M.A. Nos. 1551, 1660 of 2019, C.M.P. No. 4413 of 2019
Decided On : 06-06-2019
Advocate Appeared:
For the Appellant : N. Seshadri.
For the Respondent: V.S. Usharani.
The court upheld the order granting permanent alimony to the respondent wife, considering various factors such as the status of the parties, their respective needs, and the capacity of the husband to pay.
Headnote:
Alimony - Dissolution of Marriage - Family Courts Act, 1984, Hindu Marriage Act, 1955 - Section 19, Section 28 - 25, 13(1)(ia) - 506, 232 - The court upheld the order granting permanent alimony of Rs. 23 lakhs to the respondent wife, considering various factors such as the status of the parties, their respective needs, and the capacity of the husband to pay. The court found the amount awarded to be just and fair, balancing the interests of the parties.
Fact of the Case:
The appellant husband filed two appeals against the fair and decretal orders passed by the Family Court, Coimbatore, dissolving the marriage and granting permanent alimony of Rs. 23 lakhs to the respondent wife. The appeals were filed belatedly with a delay of 145 & 205 days respectively. The respondent wife had filed a petition for dissolving the marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which culminated in the impugned order. The appellant and respondent were well educated and had an arranged marriage. The marriage soured due to various reasons, including alleged mental cruelty by the appellant's family, lack of physical intimacy, and demands for dowry. The appellant's conduct during the trial and his evasiveness raised doubts about his intentions.
Finding of the Court:
The court found that the amount of permanent alimony awarded to the wife was just and fair, considering various factors such as the status of the parties, their respective needs, and the capacity of the husband to pay. The court upheld the order granting permanent alimony of Rs. 23 lakhs to the respondent wife, balancing the interests of the parties.
Issues: The issues included the dissolution of the marriage and the entitlement of the respondent wife to permanent alimony.
Ratio Decidendi: The court considered the status of the parties, their respective needs, and the capacity of the husband to pay while upholding the order granting permanent alimony to the respondent wife.
Final Decision: Both the Civil Miscellaneous Appeals were dismissed, and the connected Civil Miscellaneous Petition was closed. No costs were imposed.
C. SARAVANAN, J.
Prayer in C.M.A. No. 1551 of 2019: Civil Miscellaneous Appeal is filed under Section 19 of the Family Courts Act, 1984 r/w Section 28 of Hindu Marriage Act, 1955 to set aside the order dated 30.11.2017 in I.A. No. 359 of 2017 in H.M.O.P. No. 506 of 2015 passed by the Principal Family Court, Coimbatore, granting an alimony of Rs. 23 lakhs to the respondent/wife.
Prayer in C.M.A. No. 1660 of 2019: Civil Miscellaneous Appeal is filed under Section 19 of the Family Courts Act, 1984 r/w Section 28 of Hindu Marriage Act, 1955 to call for the records on the files of the Principal Judge of the Family Court, Coimbatore, set aside as null and void, the order and decree dated 30.11.2017 in H.M.O.P. No. 506 of 2015.)
1. Following two appeals are being disposed by this common order:-
(i) C.M.A. No. 1551 of 2019: It has been filed against fair and decretal order dated 30.11.2017 in I.A. No. 359 of 2017 in H.M.O.P. No. 506 of 2015 passed by the Family Court, Coimbatore.
(ii) C.M.A. No. 1660 of 2019: It has been filed against fair and decretal order dated 30.11.2017 in H.M.O.P. No. 506 of 2015 passed by the Family Court, Coimbatore.
2. Both the appeals have been filed by the appellant husband, who was the respondent in the respective cases before the Family Court, Coimbatore.
3. By the impugned fair and decretal order dated 30.11.2017 in H.M.O.P. No. 506 of 2015 impugned in C.M.A. No. 1660 of 2019, the Family Court, Coimbatore has dissolved the marriage solemnized between the appellant and the respondent and has granted divorce at the instance of the respondent wife.
4. By the impugned fair and decretal order dated 30.11.2017 in I.A. No. 359 of 2017 in H.M.O.P. No. 506 of 2015 impugned in C.M.A. No. 1551 of 2019, the Family Court, Coimbatore has granted a permanent alimony of Rs. 23,00,000/- (Rupees Twenty Three Lakhs) to the respondent wife. This order has been passed pursuant to fair and decretal order dated 30.11.2017 in H.M.O.P. No. 506 of 2015.
5. On the same day, another order was also passed in H.M.O.P. No. 232 of 2016 filed by the appellant under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. Court has dismissed the said application. The appellant has not filed appeal against the aforesaid fair and decretal order passed in H.M.O.P. No. 232 of 2016.
6. Both the appeals with which we are concerned were filed belatedly with a delay of 145 & 205 days respectively and were numbered pursuant to the order dated 13.02.2019 and 21.02.2019.
7. The respondent-wife had filed a petition for dissolving the marriage in H.M.O.P. No. 506 of 2015 before the Family Court, Coimbatore, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which has culminated in the impugned order.
8. The respondent had claimed a permanent alimony for a monthly maintenance of Rs. 54,000/- together with Rs. 60 lakhs based on the following calculations:-
(1)
From 01.08.2017, 25000 x 12 x 43.9 (The petitioner would receive as per average Age 69.9) According to WHO guideline and her current age is 26. Therefore (69.9-26=43.9)
Rs. 1,31,70,000/-
(2)
Waiver because of one time payment (54.44%)
Rs. 71,70,000/-
(3)
Reduced amount claimed as it is one time payment
Rs. 60,00,000/-
9. The Principal Family Court had earlier awarded an interim maintenance of Rs. 25,000/- p.m. based on the salary certificate of the appellant which was marked as Exhibit P-4 dated 24.10.2014. As per the aforesaid certificate, the appellant was receiving a salary of US dollars 3512.19 and net pay of US dollars 2652.80 after paying statutory and other dues.
10. Considering the interim maintenance already awarded, a further sum of Rs. 23 Lakhs was awarded as permanent alimony.
11. Though the respondent wife has filed a lengthy petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955/1956, there is no clarity in th
