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Madras High CourtWMP/2768/2020disposed of

R.Rajaramanan v. The Sub-Collector

2022-08-16Honourable Mr Justice M.Dhandapani3 pages

W.M.P.No.2768 of 2020 in W.P.No.2371 of 2020 M.DHANDAPANI,J.

This miscellaneous petition is filed to issue an interim direction directing the 2nd Respondent herein to pay a sum of Rs.25,000/- as monthly maintenance to the petitioner till the disposal of the writ petition. The petitioner is the father of the second respondent and he had executed a settlement Deed in favour of his son in Doc. No.3478 of 2012 dated 18.10.2021. After the execution of the settlement deed the second respondent does not take care of his age old parents. Hence, the petitioner has filed a suit in O.S.No.48 of 2013 before the Principal District Court, Cuddalore seeking to declare the said settlement deed null and void. Subsequently the second respondent also filed an interlocutory Application for injunction against the petitioner herein in I.A.No.204/2013 in O.S.No.48 of 2013 and the same was dismissed by the Trial Court.

2. The learned counsel for the petitioner submits that after the execution of the settlement deed the second respondent is not taking care of the petitioner and his wife. Hence he prays this Court to issue an interim direction directing the 2nd respondent to pay monthly maintenance to the petitioner and his wife.

3.Considering the facts of the case, admittedly the petitioner is father of the 2nd respondent and it is alleged that the 2nd respondent did not take care of the petitioner and his wife, hence the present petition is filed. Further it is duty of the 2nd respondent tot take care of his parents. Hence, the second respondent is directed to pay Rs.40,000/- as maintenance to their age old parents( Rs.20,000/- each) on or before 07th of every calender month. The amount For the month of August 2022 the shall be paid on or before the 07th of September 2022. Accordingly, this miscellaneous petition is ordered.

4. For reporting compliance as to payment and for further orders list the matter on 15.09.2022.

16.08.2022 smn

M.DHANDAPANI,J.

smn W.M.P.No.2768 of 2020 in W.P.No.2371 of 2020 16.08.2022