Maintenance Law|Telangana High Court|S. Kumara Swamy V. S. Kavitha (2025)|Mother Spent INR 26 Lakh Raising Child Alone; High Court Directs Husband to Pay INR 30 Lakh Before Visitation
- DTN
- Dec 9
- 4 min read
Updated: Dec 10
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Telangana High Court - Family Court Appeal (FCA) NOs: 93/2024 and 99/2024 - Date of Order : 04.08.2025
Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar
S. Kumara Swamy (Appellant) Vs. S. Kavitha (Respondent)
Appeal: These Appeals arise out of the impugned order passed by the learned Family Court, Ranga Reddy District at L.B. Nagar, dated 29.12.2023 in F.C.O.P. No.190 of 2015 filed by the husband for grant of divorce on the ground of cruelty and desertion under section 13 (1) (ia) & (ib) of The Hindu Marriage Act, 1955, respectively. The husband's F.C.O.P. was dismissed with costs by the learned Family Court.
Observations of the Hon’ble High Court:
The wife was not interested in contesting the Appeals since the wife was also inclined for obtaining a divorce. The Proceeding Sheet dated 09.07.2025 records the stand of the wife and also records that both the parties were personally present in Court on that date and that the husband is not ready to give permanent alimony to the wife exceeding Rs.2,00,000/- (Rupees Two Lakh Only). The Court was of the view that the amount of Rs.2,00,000/- was grossly insufficient since the child (minor son) of the parties is residing with the wife since 10.10.2009 (birth of child). The child is presently studying Intermediate First Year.
The parties were thereafter directed to file their respective Memos showing the expenses incurred by the wife for maintaining the child, including paying for the child's education and other miscellaneous costs for his upbringing. The respective Memos reflect the expenses undertaken by the wife and the husband's answer to those expenses.
The husband's answer to these expenses cannot be relied upon in its entirety. An instance of this is the statement of the husband that no amount is due for return of dowry of Rs.5,00,000/- (Rupees Five Lakh Only). The reason given is that the said amount was disproved in the Criminal Case C.C.No.283 of 2017 filed by the wife and is pending consideration before this Court.
We are however shown an order of a learned Single Judge of this Court dated 09.02.2016 in Crl.R.C.No.1107 of 2015 wherein the husband had challenged the judgment passed in Crl.A.No.373 of 2013 with regard to payment of certain amounts to the wife. The High Court held that there was no room for any interference with the order passed by the Trial Court which would include the dowry amount of Rs.5,00,000/-. The Court also reduced the sum of Rs.10,000/- (Rupees Ten Thousand Only) towards maintenance and residential accommodation per month to Rs.9,000/- per month which the husband was directed to pay. The Crl.R.C. was subsequently disposed of confirming the order of the Trial Court.
The husband's statement with regard to the dowry amount of Rs.5,00,000/- not being due is hence incorrect.
We have considered the Memo filed on behalf of the wife with regard to the expenses in detail.
The Memo states that the wife has spent a total amount of Rs.26,41,900/- for the minor son till date.
We also note that the expense for Intermediate education in 'Vidyapeeth / Educational Institution', which is a two-year course, is Rs.1,13,750/- (Rupees One Lakh Thirteen Thousand Seven Hundred Fifty Only) per year. The wife has paid for the first year and the second year is due for payment.
We hence add the round figure of Rs.3,00,000/- (Rupees Three Lakh Only) to Rs.26,41,900/- (Rupees Twenty- Six Lakh Forty-One Thousand Nine Hundred Only), which comes to Rs.29,41,900/- (Rupees Twenty-Nine Lakh Forty- One Thousand Nine Hundred Only). We round off this amount to Rs.30,00,000/- (Rupees Thirty Lakh Only).
The husband shall also be liable to make monthly payment of Rs.20,000/- (Rupees Twenty Thousand Only) to the wife towards the monthly expenses for the child (minor son). This payment shall be made by the husband to the wife within the 7th day of every month.
The husband submitted today that the he is willing to pay the amounts directed by the Court to the wife provided the appellant is given time to make the payments.
We accordingly direct the husband to pay a sum of Rs.30,00,000/- to the wife in a phased manner as directed below:
Rs.5,00,000/- shall be paid by 18.08.2025.
Rs.10,00,000/- shall be paid by 08.09.2025.
Rs.5,00,000/- shall be paid by 27.09.2025, and
Rs.10,00,000/- shall be paid by 03.11.2025.
The monthly payment of Rs.20,000/- shall commence from this month, i.e., August 2025. The husband shall pay Rs.20,000/- as directed within the 7th day of every month to the wife, starting 07.08.2025.
We have taken note of the complaint that the husband is not being allowed to visit the child (minor son). We are however of the considered view that the husband failing to maintain the wife or his son cannot be condoned while making an order for visitation rights. We make it clear that the wife shall allow the husband to visit the child (minor son) for two hours on every Sunday from 3:00 P.M. to 5:00 P.M. The visitation shall take place in the presence of an Advocate. The duration and time shall be as per the suggestions given by the parties who are present in Court. The remuneration of Rs.30,000/- to be given to the Advocate shall be borne by the husband. The visitation shall commence subject to the husband making the entire payment of Rs.30,00,000/- to the wife within the timeframes.
Needless to say, the husband shall continue to make payment of the monthly maintenance amount as directed to the wife from 07.08.2025 until the child completes his education as per the suggestion given on behalf of the wife.
F.C.A.Nos.93 and 99 of 2024, along with all connected applications, are disposed of.