Ramya Vaidhyanathan v. S.Rajesh Kumar

O R D E R [Order of the Court was made by M.DHANDAPANI, J.] The petitioner is the wife and the respondent is the husband. There was a matrimonial dispute between them. Hence, the respondent has filed H.M.O.P.No.67 of 2020, seeking for divorce and the petitioner has filed H.M.O.P.No.102 of 2022 seeking restitution of conjugal rights. The divorce claimed by the respondent was allowed and the restitution of conjugal rights claimed by the petitioner was dismissed. Challenging the same, the petitioner/appellant has filed C.M.A.Nos.1160 of 2023 and 8 of 2024 respectively. Pending the appeal, the petitioner/appellant has filed this Civil Miscellaneous Petition in C.M.A.(MD)No.8 of 2024, seeking interim direction, directing the respondent to pay a sum of Rs.1,50,000/- to the petitioner to settle the annual fee of her daughter.

¶2The petitioner/appellant would submit that every divorce woman is entitled to get maintenance from her husband. She further submitted that due to wedlock, they have blessed with a female child viz., S.R.Akanshi and she is studying 4th Standard in Yagappa International School, Thanjavur. Therefore, the meager amount of Rs.20,000/- as maintenance awarded by this Court is not sufficient to meet the educational expenses of her daughter. Hence, this Court may direct the respondent to pay a sum of Rs.1,50,000/- so as to enable the petitioner to settle the annual school fee of her daughter S.R.Akanshi.

¶3The learned counsel for the respondent submitted that already the lower court considered the claim made by the petitioner for restitution of conjugal rights and after elaborate consideration granted the decree for divorce and apart from that, the respondent is regularly paying Rs.20,000/- monthly maintenance to the wife and her daughter on the basis of the material and hence, the same not be interfered with.

¶4Considering the submissions made by both sides and considering the fact that though the respondent claimed that he is paying monthly maintenance of Rs.20,000/-, the said amount is not sufficient to maintain the family, that too, in the city of Thanjavur and further more, the payment of monthly maintenance is not sufficient to meet out the wife's expenses and the educational expenses of the daughter, unless the respondent/husband proves that the petitioner/wife is sufficiently earning from some other sources, this Court is inclined to increase the monthly maintenance from Rs.20,000/- to Rs.30,000/- and also inclined to direct the respondent to pay a sum of Rs.1,50,000/- per annum to the petitioner to meet the educational expenses of her daughter.

¶5Accordingly, the petitioner is directed to open a joint bank account in the name of the petitioner/wife and her daughter within a period of one week and inform the particulars of the said joint bank account to the respondent. After getting the said particulars, the respondent is directed to deposit a sum of Rs.1,50,000/- towards educational expenses of his daughter, within a period of one week thereafter and continue to pay a sum of Rs.30,000/- (Rs.15,000/- each to the wife and child) as monthly maintenance, till the disposal of the main Civil Miscellaneous Appeal.

¶6With the above direction, this Civil Miscellaneous Petition is ordered. sd/- 09/05/2025

/ TRUE COPY /

/05/2025

Sub-Assistant Registrar ( C.S. I / II / III / IV )

Madurai Bench of Madras High Court,

Madurai - 625 023. vsm/RR TO THE JUDGE, FAMILY COURT, THANJAVUR. ORDER IN in C.M.A.(MD)No. 8 of 2024 Date :09/05/2025 MK/SAR /16.05.2025 4P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.05.2025 CORAM: THE HONOURABLE MR JUSTICE M.DHANDAPANI AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL in C.M.A.(MD)No. 8 of 2024 Ramya Vaidhyanathan ... Petitioner/Appellant Vs. S.Rajesh Kumar ... Respondent/Respondent For Petitioner : Ramya Vaidhyanathan Party-in-Person For Respondent : Mr.P.Vadivel