Harinalakshmi v. Anand Kalayana Sundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 07.02.2018 Coram THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN C.M.A.No.3137 of 2017 Mrs.Harinalakshmi ... Appellant/Petitioners vs.

Anand Kalyana Sundaram ... Respondent /Respondent This Civil Miscellaneous Appeal is filed under Section 19 of the Family Court Act, 1984, against the fair and decreetal order dated 04.10.2017 passed by the V Additional Family Court, Chennai in I.A.No.3062/2012 in O.P No.1833/2010. For Appellant : Mr.D.S. Ramesh For Respondent : Mr.R. Vasudevan

JUDGMENT

(Judgment of the Court was passed by A.SELVAM.J.) This Civil Miscellaneous Appeal has been directed against the order dated 04.10.2017, passed in I.A.No.3062 2012, in O.P No.1833/2010 by the Additional Family Court, Chennai. 2.The appellant herein, as petitioner, has filed a petition in O.P No.1833/2010 on the file of trial Court, praying to pass a decree for restitution of conjugal rights, wherein, the present respondent has been shown as sole respondent. 3.During the pendency of the same, the appellant, as petitioner, has filed a petition in I.A.No.3062/2012 under Section 24 of Hindu Marriage Act, 1955 praying to direct the respondent therein to pay interim monthly maintenance. 4.The trial Court, after hearing both sides, has given a finding to the effect that the petitioner/wife has already invoked Domestic Violence Act and various orders have been passed thereon, but the same has been suppressed and ultimately dismissed I.A.No.3062 of 2012.

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5.The learned counsel appearing for the appellant/petitioner has contended that the proceedings under Domestic Violence Act is pending and maintenance case is also pending.

6.Considering the representation made on the side of the appellant/petitioner, this Court is of the view to give the following direction to the appellant/petitioner: The order passed in I.A.No.3062/2012 in O.P.No.1833/2010 by the trial Court is liable to be set aside and I.A.No.3062/2012 is liable to be remanded to the trial court.

7.In fine, this Civil Miscellaneous Appeal is allowed without costs. The order passed in I.A.No.3062/2012 in O.P.No.1833 of 20104, by the trial Court, is set aside and I.A.No.3062/2012 is remanded to the file of trial Court. The appellant/petitioner is directed to file all relevant facts relating to the proceedings, which are pending between the parties. The trial Court is directed to dispose of I.A.No.3062/2012 before the end of March 2018. Sd/- Assistant Registrar(CS IX ) //True copy// Sub Assistant Registrar sr To The V Additional Family Court, Chennai +1cc to Mr.R.Vasudevan, Advocate SR.No.9268 C.M.A.No.3137 of 2017 SJ(CO) GN(07/03/2018) https://hcservices.ecourts.gov.in/hcservices/