C.M.A.Nos.1976 & 1979 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:01.12.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI

and

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

C.M.A.Nos.1976 & 1979 of 2022

and

C.M.P.Nos.15070 & 15081 of 2022

J.Manikandan

... Appellant in both the appeals

Vs.

N.Aparna

... Respondent in both the appeals

COMMON PRAYER: This Civil Miscellaneous Appeals are filed under

Section 19 of the Family Courts Act, 1984 praying to set aside the order

passed in I.A.Nos.1 of 2021 & 2 of 2022 in O.P.No.1803 of 2020 dated

20.05.2022 pending on the file of the I Additional Family Court, Chennai.

For Appellant : Ms.N.Karpagam.

For Respondent : Mr.R.Krishnan.

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C.M.A.Nos.1976 & 1979 of 2022

C O M M O N J U D G M E N T

(Judgment of the Court was delivered by SUNDER MOHAN,J.)

The above Civil Miscellaneous Appeals have been filed by the appellant

/ husband aggrieved by the common order dated 20.05.2022 passed in

I.A.Nos.1 of 2021 and 2 of 2022 in O.P.No.1803 of 2020 granting interim

maintenance of Rs.10,000/- per month to the minor child of the appellant and

the respondent and directing the appellant to pay Rs.1,50,000/- towards

educational expenses of the minor child and Rs.25,000/- towards litigation

expenses.

2.The appellant filed petition in O.P.No.1803 of 2020 for divorce on the

ground of cruelty.

3.Pending the said divorce petition, the respondent herein filed I.A.No.1

of 2021 praying for interim maintenance of Rs.25,000/- per month and filed

I.A.No.2 of 2022 praying for a direction to the appellant to pay educational

expenses of the minor child and litigation expenses.

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C.M.A.Nos.1976 & 1979 of 2022

4.The respondent had broadly stated in her petitions for interim

maintenance and for educational and litigation expenses that the marriage

between the appellant and the respondent took place on 15.09.2016 at

Chennai and on 06.07.2017, a male child was born out of the wedlock. From

the beginning, the respondent and the appellant did not have a very cordial

relationship. The respondent had filed a petition for divorce and eversince

their separation, the appellant had not taken care of the respondent and the

minor child. The appellant was working in a company named Barclays

Shared Services Pvt. Ltd. And drawing a salary of more than Rs.34,000/- per

month. He has other sources of earning and hence, he is liable to pay

maintenance to the respondent and the child.

5.The appellant filed a counter stating that the respondent left the

matrimonial home on her own volition. She took away all the jewels and her

articles, when she left the matrimonial home. She was earning more than

Rs.50,000/- per month and she came from a very affluent family. Her father

is earning substantially in business and has properties from which he is

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C.M.A.Nos.1976 & 1979 of 2022

earning a monthly rent of Rs.60,000/- and hence, the appellant need not pay

maintenance either to the respondent or to the child.

6.Before the Family Court, the respondent marked Ex.P.1 and Ex.P.2

and no documents were marked on behalf of the appellant. No oral evidence

were let in either on the side of the appellant or on the side of the respondent.

7.In I.A.No.1 of 2021, the Family Court found that the respondent was

working and hence held that she is not entitled to maintenance and held that

the appellant is liable to maintain the minor child and directed him to pay

Rs.10,000/- per month for the maintenance of the minor child. In I.A.No.2 of

2022, the respondent had prayed for educational expenses and marked the

school bills of the minor child. The Family Court directed the appellant to pay

Rs.1,50,000/- towards educational expenses and Rs.25,000/- towards

litigation expenses to the respondent based on the bills produced by her.