C. CHELLAKOMA Vs. ARUNACHALAM

JUDGEMENT

(1.) Not satisfied with the quantum of maintenance awarded by the learned Principal Judge, Family Court in the order dated 09.03.2016 passed in I.A. No. 1960 of 2015 in O.P. No. 2357 of 2015, the appellants, who are the wife, daughter and son of the respondent, have come forward with this appeal seeking enhancement of the pendent lite maintenance.

(2.) The marriage between the respondent and the first appellant was solemnised on 26.01.1992 at A.V.Rm Velayudha Mudhaliar Auditorium, Agasthiyar East Street, Ambasamudram, Tirunelveli District. The marriage was an arranged marriage having been solemnised in the presence of elders of both sides as per Hindu rites and customs. Due to the wedlock, the appellants 2 and 3 were born. On account of serious matrimonial dispute between the respondent and the first appellant, the respondent has filed O.P. No. 2357 of 2015 for dissolution of the marriage solemnised between him and the first appellant on 26.01.1992 on the ground of cruelty.

(3.) Pending O.P. No. 2357 of 2015, the appellants herein have filed I.A. No. 1960 of 2015 in O.P. No. 2357 of 2015 on the file of Principal Judge, Family Court, Chennai under section 24 of The Hindu Marriage Act, seeking interim maintenance. In the affidavit filed in support of I.A. No. 1960 of 2015, it was stated by the wife/first appellant that the appellants have already filed a suit against the respondent in O.S. No. 181 of 2015 on the file of Principal Family Judge, Family Court, Chennai seeking for a direction to the respondent to pay a sum of Rs. 30,00,000/- per annum to the appellants 1 and 2 towards past maintenance and Rs. 2,50,000/- per month towards future maintenance and also a sum of Rs. 40,00,000/- to the third appellant towards future maintenance for his educational and living expenses. The said suit filed by the appellants is pending. According to the first appellant, at the time of her marriage with the respondent, her parents have given her 200 sovereigns of gold jewels, 20 kilogram of silver, spent Rs. 10 lakhs towards marriage expenses apart from other 'sridhana' and house hold articles. It was further stated that due to the wedlock the appellants 2 and 3 were born. It was further stated that initially the respondent was in good terms with her, but by efflux of time, he kept away from the matrimonial company of the first appellant. It was further stated that the respondent did not show much care or concern towards the appellants. Few years prior to the filing of the Original Petition, the respondent started neglecting the appellants and they were never allowed to take any decisions in the family. The respondent also did not extend moral or financial support to the appellants and he failed to discharge his duty as a husband towards the first appellant. It was further stated that the respondent is a Doctor by profession and running a hospital in the name of Selvarangam Hospital at C-24, First Main Road, Anna Nagar, Chennai-600 102 and earning nearly Rs. 2 crores per annum. It was also contended by the appellants that the respondent transferred Rs. 11,20,000/- from the account of second appellant, Rs. 13,50,000/- and Rs. 30,25,000/- from the account of the first appellant and Rs. 14,20,000/- from Siddarth Welfare Trust Account on 06.09.2010 to Selvarangam Hospital account. Thus, a total sum of Rs. 69,15,000/- was withdrawn by the respondent and transferred it to the account of the hospital run by him. In the affidavit filed in support of I.A. No. 1960 of 2015 the appellants have furnished details with regard to the quantum of income tax paid by the respondent for various financial years and the various properties owned by him. The appellants have also furnished the details of the luxury vehicles owned by the respondent in his name. According to the appellants, though the appellants and the respondent were living in the same roof, the respondent is paying only Rs. 30,000/- per month which is grossly insufficient for the appellants to maintain themselves. It was further stated that the appellants are only supported by the father of the first appellant to meet their financial needs and they were left in the lurch by the respondent. On and from 26.01.2015, the respondent left the shared household and started living separately at No. F-120, Anna Nagar, Chennai. In the affidavit filed in support of the I.A. No. 1960 of 2015, the appellants have also tabulated the details of the expenses to be incurred by them, inclusive of the educational expenses of the appellants 2 and 3.