K.Jayachandran v. R.Sindhu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and C.M.P.No.13327 of 2024 K.Jayachandran ...

Petitioner -VsR.Sindhu ...

Respondent Prayer : Civil Revision Petition under Article 227 of the Constitution of India to set aside the fair and decreetal order passed in I.A.No.03 of 2022 in HMOP No.4935 of 2021 dated 19.08.2023 on the file of the V Additional Family Court at Chennai. For Petitioner :

Ms.S.Thankira

O R D E R

This Civil Revision Petition is against the order of the learned V Additional Family Court at Chennai in I.A.No.3 of 2022 in HMOP No.4935 of 2021.

2. The relationship between the parties is not in dispute. The petitioner is the husband and the respondent is the wife. She moved two applications before the Family Court, one in I.A.No.2 of 2022 which was for grant of interim maintenance, which came to be dismissed. I am informed that the wife is on revision before this Court challenging the same. The other application was filed for

grant of litigation expenses in I.A.No.3 of 2022. This application in I.A.No.3 of 2022 was allowed by the learned Judge fixing the litigation expenses at Rs.30,000/-, against which the present revision.

3. H.M.O.P No.4935 of 2021 has been presented by the husband for the purpose of restitution of conjugal rights. There is no dispute that he is working in a very eminent software company viz., Tata Consultancy Services as a Team LeadSystem Administrator (CBO). Having invited the court to interfere with the matrimony and grant an order of restitution of conjugal rights, the husband is duty bound as per law to pay litigation expenses that the wife will incur in order to continue the litigation. The sum of Rs.30,000/- granted by the learned Judge is neither arbitrary nor excessive nor capricious. It does not require any interference. The civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

19.07.2024 Index : Yes/No KST To The V Additional Family Court Chennai.

V. LAKSHMINARAYANAN, J.

KST C.R.P. No.2543 of 2024 19.07.2024