P MOHANASUNDARAM Vs. M S PRIYA

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree in O.S.No.12 of 2002 ordering a sum of Rs.3,000/- per month towards maintenance and also ordering the appellant to pay the arrears of maintenance of Rs.1,08,000/- and also to pay Rs.5,00,000/- towards marriage expenses, the unsuccessful defendant/father of the respondent has come forward with this Appeal.

(2.) THERE had been number of litigations between the appellant and his wife which are not germane for this appeal. The respondent who is none other than the daughter of the appellant, has filed the Suit in O.S.No.12 of 2002 before the I Additional Family Court, Chennai, claiming maintenance of Rs.5,500/- per month and also claiming the amount for her marriage expenses. Initially, the respondent has filed Pauper Original Petition in O.P.No.984 of 1998. In and by the order dated 18.06.2001 of the I Additional Family Court, the said Pauper Original Petition was ordered to be converted as Suit in O.S.No.12 of 2002. The appellant has stoutly resisted the Suit contending that the respondent/plaintiff's mother is employed and that she herself is in a position to maintain the respondent. The appellant inter alia contended that the respondent cannot claim maintenance only from the appellant and that the mother of the respondent who is employed as a Lecturer, should also contribute towards the maintenance and also the marriage expenses.

(3.) THE learned counsel for the appellant Mr.N.Rajan has submitted that the judgment and decree passed by the Family Court cannot be construed as a judgment and decree passed by a Civil Court, as the Family Court has got only trappings of the Civil Court and therefore, the Civil Miscellaneous Appeal preferred by the appellant is well maintainable. THE learned counsel for the appellant would further contend that in so far as the appeals arising from judgments passed by the Family Court, no separate provision is made under Tamil Nadu Court Fees Act.