G.Ashok Kumar v. A.Saraswathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2019

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ CRP (PD) NO.1728 OF 2018 AND CMP NOS.9502 AND 18839 OF 2018 G.Ashok Kumar ...

Petitioner

Versus

1.A.Saraswathy 2.Minor Saarani ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order dated 21.03.2018 made in I.A.No.42 of 2017 in H.M.O.P.No.316 of 2016 on the file of the learned Subordinate Judge, Tambaram. For Petitioner :

Mr.S.Saranraj

O R D E R

The Civil Revision Petition is filed against the order passed by the Subordinate Court, Tambaram, granting a sum of Rs.15,000/- per month towards maintenance to the respondents herein.

2. According to the petitioner, he is only a Xerox Machine Operator and the award of maintenance @ Rs.15,000/- per month to the respondents is excessive.

3. Heard the submissions made on either side.

4. After considering the submissions made, this Court is of the view that the award of maintenance @ Rs.15,000/- per month is little higher and therefore, it is reduced to Rs.10,000/- per month. The petitioner shall make the entire arrears towards maintenance to the respondents, within a period of six weeks from the date of receipt of a copy of this order. After all the arrears are cleared, the learned Subordinate Judge, Tambaram, is directed to take up the trial in the main petition viz., HMOP No.316 of 2016 and pass orders, on merits and in accordance with law, as expeditiously as possible, preferably within a period of six months from the date of clearance of arrears of maintenance, by the petitioner.

5. The Civil Revision Petition is disposed of with the above observation and direction. No costs. Consequently, connected civil miscellaneous petitions are closed.

25.07.2019 Index : Yes/No Internet : Yes/No Speaking / Non speaking order TK To The Subordinate Judge Subordinate Court Tambaram.

M.GOVINDARAJ, J.

TK CRP (PD) NO.1728 OF 2018 25.07.2019