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Madras High CourtCMA/989/2019disposed of

E.Vikram v. N.Revathi

2019-02-04Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.02.2019 Coram THE HONOURABLE MR. JUSTICE M.M.SUNDRESH and THE HONOURABLE MR. JUSTICE C.SARAVANAN C.M.A.No.989 of 2019 and C.M.P.No.2760 of 2019 E.Vikram .. Appellant vs.

1.N.Revathi 2.Minor V.Sadhanashree rep. by her mother N.Revathi/R1 .. Respondents Appeal filed under Section 19 of the Family Courts Act, 1984 against the fair and decretal order dated 26.09.2018 in I.A.No.444 of 2016 in F.C.O.P.No.259 of 2016 on the file of the Family Court, Salem.

For Appellant :

Mr.K.Selvaraj

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) This appeal has been preferred against the interim maintenance ordered by the Family Court, Salem in the petition filed by the appellant seeking divorce.

2.The status of the parties is not in dispute. The Family Court has ordered Rs.5,000/- per month towards interim maintenance, which in our considered view, is reasonable. Learned counsel appearing for the appellant, at this juncture, submitted that the arrears may be permitted to be paid within a reasonable time.

3.Considering the above, while dismissing the appeal, we make it clear that the appellant will have to pay arrears accrued till the month of January, 2019 within five equal monthly instalments.

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4.We also make it clear that the interim maintenance from the month of February, 2019 also will have to be paid as ordered by the Court below. Taking into consideration the long pendency of the petition filed for divorce in F.C.O.P.No.259 of 2016, the Family Court, Salem is directed to dispose of the same within a period of six months from the date of receipt of a copy of this order. Accordingly, the Civil Miscellaneous Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar mmi To The Presiding Judge Family Court, Salem.

+1 CC to Mr.K.Selvaraj, Advocate sr 9221.

C.M.A.No.989 of 2019 KAN(CO) SP(14/05/2019) https://hcservices.ecourts.gov.in/hcservices/