Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 204-206 OF 2022
(Arising out of SLP (C) Nos. 33511-33513/2018
UMA PRIYADARSHINI S. … Appellant(s)
VERSUS
SUCHITH K NAIR … Respondent(s)
J U D G M E N T
Leave granted.
Heard learned counsel for the parties.
These appeals are against a judgment and order dated
19.04.2018 passed by the High Court of Judicature at Madras in
Civil Revision Petition Nos. 890 and 3625 of 2017 and CMP No.4366
of 2017 filed under Article 227 of the Constitution of India.
These Civil Revision Petitions were filed by the Appellant and
the Respondent against an order dated 23.11.2016 of the
Subordinate Judge, Poonamallee in IA No. 93 of 2015 in HMOP No.368
of 2014.
By the aforesaid order, the learned Subordinate Judge,
Poonamallee disposed of the Application being IA No.93 of 2015
filed by the Appellant for maintenance for herself and her minor
son born of the wedlock between the Appellant and the Respondent,
inter alia, by directing the Respondent to pay the Appellant a sum
Signature Not Verified
Digitally signed by
Sanjay Kumar
Date: 2022.01.12
16:13:42 IST
Reason:
of Rs.25,000/- per month towards interim maintenance and to pay
the actual educational expenses of the child.
2
The High Court has, by the impugned judgment and order held
that the Appellant is not entitled to any maintenance as she is
gainfully employed. The interim maintenance for the son has been
reduced to Rs.15,000/- per month and actual educational expenses
Rs.15,000/- per month for maintenance of the child is a pittance,
too meagre. The impugned judgment and order cannot be sustained
and is set aside.
Ms. Anitha Shenoy, learned senior counsel appearing on behalf
of the Respondent, emphatically argued that the Respondent is
willing to discharge and has been discharging his obligations
towards his son, and has been incurring expenditure in the region
of over Rs.1,00,000/- for the educational expenses of his son.
Ms. Shenoy, learned senior counsel also argued that the
Respondent is a Pilot. The aviation industry has adversely been
hit by the COVID-19 pandemic. Many commercial flights had to be
grounded. The emoluments of the Pilots, which are directly linked
to the number of flying hours have gone down drastically.
The issue of maintenance has to be decided afresh by the
concerned court/family court in accordance with law, taking into
account all relevant factors including the income of the
respective spouses, the number of persons actually dependent on
the spouses etc. A final decision shall be taken by the concerned
court/family court as expeditiously as possible, preferably within
six months from the date of communication of this order. The
parties shall make a disclosure of their income, assets, savings,
etc. before the concerned court.
3
In the meanwhile, the respondent shall bear all educational
and medical expenses of the child as per actuals. In addition,
the Respondent shall pay Rs.30,000/- per month towards the
expenses of the child on account of food, clothing etc. and a
further sum of Rs.11,000/- per month towards house rent that is
being paid by the Appellant. Needless to mention that the
respective parties may apply to the court concerned in case of
change of circumstances in future and/or in the interregnum.
The Respondent shall also pay a lump-sum amount of
Rs.1,00,000/- to the Appellant towards litigation expenses.
The appeals are, accordingly, disposed of.
Pending applications, if any, also stand disposed of.
………………………………………………………,J.
(Indira Banerjee)
………………………………………………………,J.
(J.K. Maheshwari)
New Delhi;
January 06. 2022.