AI Structured Summary
Not yet generated for this judgment
Judgment
Pushpa Sathyanarayana, J
This Civil Miscellaneous Appeal is directed against the order, dated 09.02.2019 passed in I.D.O.P.No.85 of 2018, on the file of the Family Court, Nagercoil.
In the said I.D.O.P., the Judge, Family Court, Nagercoil, had granted a decree of divorce, dissolving the marriage solemnized between the appellant and the respondent. While granting a decree of divorce, the appellant was directed to pay a sum of Rs.10,000/- per month towards maintenance to the respondent till her life time and a sum of Rs.10,000/- per month each for two of the minor children, who are with the respondent/wife, till they attain majority. In all, a sum of Rs.30,000/- was directed to be paid on or before 7th day of every English calendar month. Now, the Civil Miscellaneous Appeal is directed only against the grant of maintenance of a sum of Rs.30,000/- per month.
It is stated that the appellant/husband is working as a P.G Assistant in the Government School and he is also duty bound to maintain his parents.
Earlier, this Court, vide order dated 29.01.2021, directed both the parties to arrive at a settlement.
Now, it is stated that both the parties could not arrive at a settlement. Though the appellant is willing to offer a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) as a lumpsum payment towards maintenance, the respondent is refusing to accept the same.
Heard the learned counsel appearing on either side and perused the materials available on record.
No doubt, the children are studying in a good School and it is the duty of the father to maintain the children and the wife. It is not in dispute that the respondent/wife is qualified to be a Teacher and demanding maintenance from the husband.
Admittedly, the respondent/wife had not asked for any permanent alimony, however, the respondent/wife had filed an application in I.A.No.88 of 2015 for interim alimony seeking a sum of Rs.5,000/- per month and a sum of Rs.10,000/- towards litigation expenses. The said I.A was allowed on 02.07.2016, directing the appellant to pay a sum of Rs.5,000/- per month and a sum of Rs.10,000/- towards litigation expenses to the respondent. Now, considering the escalation in the cost of living, the wife and children can be granted an additional sum, however, not Rs.10,000/- each, when the respondent/wife herself had asked for Rs.5,000/- per month.
The learned counsel appearing for the appellant though initially would offer to pay a sum of Rs.15,000/- per month to the wife and the children, after persuasion, agreed to pay a sum of Rs.20,000/- per month as maintenance for the wife and two children.
10.Considering the facts and circumstances of the case, we are of the opinion that a sum of Rs.20,000/- per month as maintenance for the wife and two children are sufficient. Accordingly, we modify the decree granted by the Family Court, Nagercoil, sofar as the payment of maintenance to the respondent is concerned.
In fine, Clause (2) of the Judgment and Decree, dated 09.02.2018 in I.D.O.P.No.85 of 2018 is modified directing the appellant/husband to pay a sum of Rs.20,000/- as monthly maintenance to the wife and two children together.
12.With the above modification, the Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, connected Miscellaneous Petition is closed.