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2018 DIGILAW 2684 (MAD)

B. Kodi v. Malarvizhi

2018-08-30

PUSHPA SATHYANARAYANA, T.KRISHNAVALLI

body2018
JUDGMENT : Pushpa Sathyanarayana, J. C.M.A. (MD) No. 78 of 2018 is filed by the appellant/husband against I.A. No. 231 of 2017 in H.M.O.P. No. 374 of 2005, wherein the respondent/wife has sought for payment of arrears of maintenance of Rs.2,55,000/- or in default to dismiss H.M.O.P. No. 374 of 2005. 2. C.M.A. (MD) No. 79 of 2018 is filed by the appellant/husband to set aside the fair and decreetal order, dated 20.06.2017 in H.M.O.P. No. 374 of 2005, filed by the husband for divorce under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, which was dismissed for non-payment of the arrears of maintenance in I.A. No. 231 of 2017, dated 20.06.2017. 3. C.M.A. (MD) No. 520 of 2018 is filed by the appellant/wife against I.A. No. 492 of 2010 in H.M.O.P. No. 374 of 2005, wherein the appellant/wife has sought for enhancement of the monthly maintenance of the petitioner from Rs.1,000/- to Rs.5,000/-. 4. For the sake of convenience, the parties are referred to, as per the rank in C.M.A. (MD) No. 78 of 2018. 5. The appellant/husband had filed H.M.O.P. No. 374 of 2005 on the file of the Family Court, Madurai, for divorce on the ground of cruelty and desertion. The respondent/wife has filed a counter-affidavit and the matter has been pending from 2005. In the mean while, the respondent/wife claimed for maintenance, which was taken up to the Supreme Court. It is stated that for the children Rs.15,000/- and for the wife, Rs.1,000/- was awarded per month payable by the appellant/husband. As there was arrears, I.A. No. 231 of 2017 was filed by the respondent/wife to direct the appellant/husband to pay the arrears of maintenance of Rs.2,55,000/- on the date of filing of I.A. 6. When I.A. No. 231 of 2017 was taken up for hearing, the learned Judge, Family Court, Madurai, after considering the claims on merits, had come to the conclusion that the appellant/husband failed to pay the arrears of maintenance of Rs.2,55,000/- to the respondent/wife inspite of giving sufficient opportunity and hence, dismissed the main H.M.O.P. No. 374 of 2005. 7. Heard the learned counsel for the appellant and the learned counsel for the respondent. 8. After hearing both the learned counsel for some time, it is stated that pending proceedings, the appellant/husband made several payments and even during the pendency of C.M.A. (MD) Nos. 7. Heard the learned counsel for the appellant and the learned counsel for the respondent. 8. After hearing both the learned counsel for some time, it is stated that pending proceedings, the appellant/husband made several payments and even during the pendency of C.M.A. (MD) Nos. 78 and 79 of 2018 also, the appellant/husband had deposited a sum of Rs.1,27,000/-. A calculation memo has also been furnished by the learned counsel for the appellant/husband, which is not disputed by the learned counsel for the respondent/wife. As per the same, as on date Rs.9,93,100/- is in arrears, rounding it off to Rs.10,00,000/- (Rupees Ten Lakhs Only). The learned counsel for the appellant/husband offered to pay the same, but in four installments. The learned counsel for the respondent/wife also agreed to receive the same in installments. The learned counsel for the appellant/husband undertakes to keep up the promise and pay the installments without default. 9. Accordingly, the appellant/husband is directed to pay a sum of Rs.2,50,000/- being the first installment to be paid on or before 10th September, 2018; a sum of Rs.2,50,000/- being the second installment shall be paid on or before 10th October, 2018; a sum of Rs.2,50,000/- being the third installment shall be paid on or before 10th November, 2018 and a sum of Rs.2,50,000/- being the last installment shall be paid on or before 10th December, 2018. It is also made clear that the monthly maintenance payable i.e., Rs.16,000/- is also to be paid along with the installment amount, which will amounts to Rs.2,66,000/- (Rs.2,50,000/- + Rs.16,000/-) and the maintenance amount for the month of August to be paid along with first installment. Sl. No. Installment Amount to be paid 1. First Rs.2,82,000/- (Rs.2,50,000 + Rs.16,000 + Rs.16,000) 2. Second Rs.2,66,000/- (Rs.2,50,000 + Rs.16,000) 3. Third Rs.2,66,000/- (Rs.2,50,000 + Rs.16,000) 4. Fourth Rs.2,66,000/- (Rs.2,50,000 + Rs.16,000) 10. On the above submissions, the fair and decreetal order passed by the Family Court, Madurai is set aside and H.M.O.P. No. 374 of 2005, on the file of the Family Court, Madurai is restored to file, on payment of the final installment on or before 10th December, 2018. Third Rs.2,66,000/- (Rs.2,50,000 + Rs.16,000) 4. Fourth Rs.2,66,000/- (Rs.2,50,000 + Rs.16,000) 10. On the above submissions, the fair and decreetal order passed by the Family Court, Madurai is set aside and H.M.O.P. No. 374 of 2005, on the file of the Family Court, Madurai is restored to file, on payment of the final installment on or before 10th December, 2018. If there is no default, the learned Judge, Family Court, Madurai is directed to restore H.M.O.P. No. 374 of 2005 on file and dispose of the same as expeditiously as possible, however, not beyond 30.04.2019 and accordingly, C.M.A. (MD) No. 79 of 2018 is allowed. 11. Accordingly, I.A. No. 231 of 2017 is set aside on compliance of the conditional order and hence, C.M.A. (MD) No. 78 of 2018 is closed. 12. C.M.A. (MD) No. 520 of 2018 is filed by the wife for enhancement of the monthly maintenance of the husband from Rs.1,000/- to Rs.5,000/-. As the husband is paying Rs.16,000/- to his wife and children, to give quietus to the entire matter, the learned counsel for the respondent/wife is advised not to pressurize the issue further and co-operate for the disposal of H.M.O.P. No. 374 of 2005. The learned counsel for the appellant/husband also agrees for the same. Accordingly, the order passed in I.A. No. 492 of 2012 is closed and C.M.A. (MD) No. 520 of 2018 is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.