V.K. VASANTHA KUMAR!versusR. SUDHAKAR

                        (2014] 9 .S.C.R. 545

                     V.K. VASANTHA KUMAR!                              A
                                  v.
                          R. SUDHAKAR
              (Civil Appeal Nos. 8459-8462 of 2014)
                       SEPTEMBER 04, 2014
                                                                       B
            [J. CHELAMESWAR AND A.K. SlKRl, JJ.]

        Family Law:

1         Permanent alimony - Divorce - High Court holding that        c
    the wife should get Rs. 40, 0001- per month and for this purpose
    directed Rs.40,00,0001- to be paid to her by husband as
    permanent alimony - Plea of wife that because of fluctuating
    rates of interest, on fixed deposits, Rs.40,00,0001- would not
    constantly fetch Rs.40, 0001- per month as interest - Held:        0
    Finding of High Court, while determining the question of
    permanent alimony, of appellant-wife, that she requires
    Rs. 40, 0001- per month has become final - In the facts and
    circumstances of the case, demand made by appellant is
    justified - Therefore, respondent is directed to pay another       E
     Rs. 15, 00, 0001- to appellant towards permanent alimony.

         The marriage of the parties was dissolved by a
    decree of divorce. As regards the permanent alimony, the
    matter reached the High Court, which considering the
    need of the appellant-wife and her three grown up                  F
    children, held that she would need Rs.40,000/- per month
    as expenses and for this purpose she would need
    Rs.40,00-,000/- to invest. The High Court, therefore,
    directed the respondent husband to pay ~o the appellant
    wife Rs.40,00,000/- as against Rs.24,00,0001- as was               G
    directed by the Family Court. The SLP of the respondent-
    husband challenging the said order of the High Court
    was dismissed.

                                  545                                  H
     546        SUPREME COURT REPORTS [2014] 9 S.C.R.


A      In the instant appeals, it was contended for the
  appellant-wife that because of fluctuating rate of interest,
  fixed deposits of Rs.40,00,000/- would not constantly·
  fetch an income of Rs.40,000/- per month and, therefore,
  the amount of permanent alim.ony would need to be
B increased accordingly.

           Disposing of the appeals, the Court

       HELD: 1.1. The SLP against the order of the High .
  Court that the appellant-wife vvould need Rs.40,000/- to
C meet the expenses and for this purpose, the respondent-
  h us band would pay Rs.40,00,000/- as permanent
  alimony, has been dismissed by this Court. Therefore, ·
  tt~e finding of the High Court, while determining the
  question of permanent alimony of the appellant, that the
o appellant requires the amount of Rs.40,000/- per month
  has become final. [para 11] [550-A-C]

        1.2. In the facts and circumstances of the case, the
    demand made by the appellant is justified. Therefore, the
E · respondent is directed to pay another Rs.15,00,000/- to.
   ·the appellant wife towards permanent alimony. [para 13]
    [550-D-E]

         CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.
     8459-8462 of 2014.
F
       From the Judgment and Order dated 20.10.2011 of the
  Division Bench of the High Court of Judicature at Madras in
  CMA No. 543 and 933 of 2010 and M:P. No. 1/2010 in CMA.
  No. 543 and 933 of 2010 and in M.P. No. 1/2011 in CMA No.
G 543 of 2010.

           V.K. Vasantha Kumari Appellant-In-Person.

           E.G. Agrawala, Dheeraj Gupta for the Respondent.

H-         The Judgments of the Court was delivered by
      V.K. VASANTHA KUMARI v.. R. SUDHAKAR                   547


    CHELAMESWAR, J. 1. Leave granted.                                A
     2. The instant appeal is filed by the appellant wife being
not satisfied with the order of the High Court of Madras in CMA
Nos.543 and 933 of 2010 and M.P. No.1 of 2010 and M.P.
No.1 of 2011 in the above mentioned CMAs.
                                                                     B
     3. The appellant and the respondent were wife and
husband. Their marriage took place in 1986. It is an unfortunate
case where the relationship between the· appellant and
respondent ran into trouble. There are three grown up children
out of the said wedlock.                                             c
     4. In the year 2004, the respondent husband filed FCOP
No.571 of 2004 before the llnd Additional Family Court at
Chennai seeking divorce from the appellant on the ground of
cruelty. The said FCOP was allowed ' on 3.11.2009. B.ut both D
the parties carried the appeals No.544 and 932 of 201 O. Both
the appeals were disposed of by a common order dated
25.1.2011. The appellate decree insofar it is relevant for our
purpose reads thus:

    "2. That the Judge and Decree of Court below in respect          E
    of clause (1) i.e., the marriage dissolved by the decree of
    divorce on the ground of cruelty be and hereby is set aside
    and the marriage is dissolved based on the 'no objection'
    endorsement made by petitioner in the petition."
                                                                     F
    ·5. The children of the parties filed Suit No.677 of 2004
before the High Court of Madras for partition of the plaint
scheduled property.

      6. From the impugned order it can be seen that there are
thirteen items in the partition suit referred to above. According G
to the respondent, some of these items are already sold off.
Admittedly, even according to the respondent the family has
been maintaining five vehicles.

     7. The partition suit is still pending after a decade. During   H
    548         SUPREME COURT REPORiS [2014] 9 S.C.R.


A the pendency of the abovementioned two proceedings,
  innumerable interlocutory applications came to be filed by
  various parties. It may. not be necessary and profitable to
  describe all the proceedings.

a      . 8. The appellant moved an interlocutory application under
  Section 24 of the Hindu Marriage Act, 1955 for grant of interim
  maintenance in t~e divorce original petition filed by the husband.
  The said Interlocutory Application No.3475 of 2004 was
  dismissed by the Family Court on 3.2.2007. Against the said
  order, the appellant herein filed a Civil Revision being CRP
C (PO) No.1168 of 2007 before the High Court of Madras which
  was disposed of by an order dated 15.10.2008. The relevant
  portion of the order is as follows:

          "5. In the result, this Civil Revision Petition is disposed of
o         with a direction to the llnd Additional Judge, Family court,
          Chennai to dispose of the divorce petition along with
          application for permanent alimony, that would be filed by
          the petitioner herein/wife and also the arrears of
          maintenance on the basis of the details that would be filed
E         by her, within the period stipulated by the Hon'ble 1st
          Bench of this court, while disposing of the OSA No.179 of
          2008 on 14.07.06."

       9. Pursuant to the said direction of the High Court, the
  appellant herein filed another Interlocutory Application No.409
F of 2009 in the Original Petition No.571 of 2004 referred to
  above seeking permanent alimony of Rs.1 lakh per month. The
  said interlocutory application came to be disposed of by an
  order dated 3.11.2009 by the llnd Additional Family Court,
  Chennai granting an amount of Rs.24 lakhs as permanent
G alimony.

       10. Aggrieved by the said order, the respondent husband
  herein carried the matter in appeal (by CMA No.543 of 2010)
  to the High Court. Not satisfied with the amount granted, the
H appellant wife also carried the matter in appeal (by CMA
    V.K. VASANTHA KUMAR! v. R. SUDHAKAR                    549
                 [CHELAMESWAR, J.]
No.933 of 2010) before the High Court. Both these matters          A
came to be disposed of by the impugned order. The operative
portion of the impugned order reads as under:

    "36. Since the appellant is having three children, in the
    event of vacating the existing premises, if she takes on
                                                                   B
    lease at least a three bed room flat in a decent locality,
    she would have to spend at least Rs.25,000/- per month,
    apart from the other expenses. But the appellant is
    occupying the respondent house. Since, the appellant had
    submitted that her first daughter is employed, she would
    also be earning. The appellart. as pointed out above is        C
    having two properties at lnjambakkam and sea Shore town
    worth about Rs.2 crores. Taking into consideration all these
    aspects, we are of the considered view that the appellant
    may require at least Rs.40,000/- per month to meet the
    expenses. For getting Rs.40,000/- per month as return she      D
    may hav.e to invest Rs.40,00,000/-. The Family court
    awarded a sum of Rs.24,00,000/- as permanent alimony.
    Considering the present cost of living, we are of the
    considered view that the permanent alimony awarded by
    the llnd Additional Family Court, Chennai is on the lower      E
    side and the same should be increased to Rs.40,00,000/
    -. Accordingly, the permanent alimony awarded by the
    Family Court is increased to Rs.40,00,000/-.

    37. Therefore, the fair and final order of the Family Court
                                                                   F
    passed in IA No.409 of 2009 in H.M.O.P .. No.571 of 2004
    on the file of the llnd Additional Family Court, Chennai is
    modified by awarding Rs.40,00,000/- (Rupees Forty Lacs
    only) as permanent alimony to the appellanUpetitioner.

    38. In the result, C.M.A. No.933 of 2010 is partly allowed     G
    and C.M.A. No.543 of 2010 stands dismissed. M.P. (MD)
    No.1 of 2011 in CMA No.543 of 2010 is dismissed and
    M.P. (MD) No.1 of 2010 is closed. No costs."

    11. Aggrieved by the said order the respondent herein          H
    550         SUPREME COURT REPORTS [2014] 9 S.C.R.


A carried the matter to this Court in SLP Nos. 2506-2507 of 2012
  which was dismissed by an order of this Court on 30.01.2012.
  Thereafter, the respondent deposited the amount of Rs.40
  lakhs and the same is recorded by this .Court vide order dated
  26.11.2013. Therefore, the finding of the High Court, while
8 determining  the question of permanent alimony of the appeliant,
  that the appellant requires the amount of Rs.40,000/- per month
  has become final. The issue in the instant appeal is limited. The
  appellant has prayed that having regard to the fluctuating rate
  of interest on fixed deposits, the amount of Rs.40 lakhs will not
C constantly fetch an interest of Rs.40,000/- per month, an
  appropriate order be passed to ensure that she gets a monthly
  sum of Rs.40,000/- towards her maintenance.

          12. We have heard the learned counsel for the respondent.

D         13. In the facts and circumstances of the case, we find
    justification in the demand made by the appellant. We,
    therefore, direct the respondent to pay another Rs.15,00,000/
    - (rupees fifteen lakhs) to the appellant wife towards permanent
    alimony within a period of thirty days from today.
E      14. The appeals are accordingly disposed of with no order
    as~~~-                                                  ·

                             JUDGMENT

F      After the order is pronounced, a prayer is made by Mr.
  Ankur Saigal, learned counsel appearing for the respondent
  husband that the respondent be given a period of two months
  to comply with the direction given today. We, therefore, direct
  the husband to make the payment within a period of 8 weeks
G from today instead of 30 days, as directed in the judgment.

    Rajendra Prasad                               Appeals disposed of.