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Madras High CourtCRP/1755/2018disposed of

S. Srinivasan v. V. Revathy

2018-06-18Honourable Mr Justice Huluvadi G. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.6.2018

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH Civil Revision Petition (NPD) No.1755 of 2018 S.Srinivasan ..

Petitioner Vs.

V.Revathy ..

Respondent ----- Petition under Section 115 of the Civil Procedure Code filed against the order dated 07.4.2018 made in E.P.No.27 of 2018 in I.A.No.3016 of 2016 in O.P.No.4389 of 2013 on the file of the V Additional Family Court, Chennai. ------ For Petitioner : Mr.Rajan Babu -----

O R D E R

This civil revision petition has been filed against the order dated 07.4.2018 made in E.P.No.27 of 2018 in I.A.No.3016 of 2016 in O.P.No.4389 of 2013 on the file of the V Additional Family Court, Chennai.

2. Heard the learned counsel appearing for the petitioner.

3. It appears that the petitioner has filed a petition for divorce, wherein, the respondent has filed a petition for interim maintenance and the same was ordered, directing the petitioner to pay a sum of Rs.5000/- per month to the respondent towards interim maintenance. Aggrieved by the same, the petitioner has preferred an appeal and the same is yet to be numbered. In the meanwhile, the respondent has filed an execution petition wherein non-bailable warrant has been issued against the petitioner. Therefore, the petitioner is before this Court.

4. Admittedly, the petitioner had not paid any amount towards maintenance from the date of the order. Therefore, the order dated 07.4.2018, issuing warrant against the petitioner, made in E.P.No.27 of 2018 in I.A.No.3016 of 2016 in O.P.No.4389 of 2013 on the file of the V Additional Family Court, Chennai, is stayed on condition the petitioner deposits a sum of Rs.50,000/- (Rupees fifty thousand only) to the credit of O.P.No.4389 of 2013 on the file of the V Additional Family Court, Chennai, within a period of four weeks from today, failing which, the stay shall stand automatically vacated. On compliance of the conditional order of stay, the V Additional Family Court, Chennai, is directed to dispose of O.P.No.4389 of 2013, within three months from the date of such compliance.

The civil revision petition is disposed of accordingly. CMP Nos.9771 and 9772 of 2018 are closed.

18.6.2018.

kpl To The Registrar Family Court Chennai.

HULUVADI G.RAMESH,J kpl CRP NPD No.1755 of 2018.

18.6.2018.