C.R.P.No.4170 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

C.R.P.No.4170 of 2022

Kavitha

... Petitioner

Vs.

Santhosh

... Respondent

Prayer: Civil Revision Petition filed under Article 227 of the Constitution

of India praying to dispose of the O.P.No.4046 of 2019, filed for divorce

between the petitioner and respondent pending on the file of the IV

Additional Family Court, Chennai.

For Petitioner

: Mrs.T.K.S.Bharathy Anandraj

ORDER

The Civil Revision Petition has been filed for speedy disposal of

O.P.No.4046 of 2019, pending on the file of the IV Additional Family

Court, Chennai.

2. The marriage between the Revision Petitioner and the respondent

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C.R.P.No.4170 of 2022

was solemnized on 10.05.2010 as per the Hindu Rites and Customs. Three

children born from and out of the wedlock between the petitioner and the

respondent and all the children are living with the petitioner/mother.

3. The learned counsel for the Revision Petitioner mainly contended

that the interim maintenance ordered by the Family Court has not been

settled in full by the respondent and he is evading payment of maintenance

to the revision petitioner. Arrears of maintenance are yet to be settled and on

account of delay in disposing the main case as well as the Maintenance

Petition, the respondent is taking undue advantage.

4. The Revision Petitioner has stated in her petition for divorce, more

specifically, in paragraph 11 as follows:

“11. It is further submitted that this Respondent's father

is an Ex.MLA in Saidapet, Chennai and through him, this

respondent and his family jointly possess crores and crores of

valuable assets and the monthly income to their family will

extend to Rs.1 to 2 crores. This amount was collected by the

respondent's mother Mrs.Sarala and she will give monthly

expenses to her sons and daughters and son in law and she

will give 500 to this petitioner as maid salary and every

month, she will insist the same word before her daughter and

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C.R.P.No.4170 of 2022

son in law.”

5. When the family status of the respondent and his political

affiliation should be considered as a ground for considering the relief. The

revision petitioner is wife of the respondent and under these circumstances,

she says that it would be very difficult to proceed with the case, since the

Family Court is granting adjournments on invalid grounds and the

respondent is attempting to prolong and protract the matter one way or

other.

6. The learned counsel for the revision petitioner brought to the notice

of this Court that the maintenance amount of Rs.9,00,000/- (Rupees Nine

Lakhs only) is to be settled in favour of the revision petitioner.

7. Remedy of Maintenance is a measure of social justice as envisaged

under the Constitution to prevent wife and children from falling into

destitution and vagrancy. Preamble of the Constitution and Articles 39 and

15 (3) of the Indian Constitution envisage social justice and positive State

action for empowerment of women and children. Maintenance being a

Fundamental Right and Right to Life under Article 21 of the Constitution of

India, even in the absence of any application before the Court and if the

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C.R.P.No.4170 of 2022

Court finds that the minor children are with the mother, then interim

maintenance is to be ordered without any loss of time. Livelihood of the

minor children are to be protected by the Courts at all circumstances and the

Court must ensure that such maintenance ordered are promptly paid by the

respondent and in the present case, the petitioner could able to establish that

the respondent is possessing huge properties and deriving income in crores.

8. Considering the fact that the respondent