D.Krishnamoorthy v. M.Lakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2023

CORAM

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN and CMP.No. 6535 of 2023 D.Krishnamoorthy ... Petitioner

Versus

M.Lakshmi ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, prays to set aside the fair and decreetal order dated 22.08.2022 passed in I.A.No. 36 of 2020 in HMOP.No. 175 of 2019 on the file of the Sub Judge, Cheyyar.

For Petitioner : Mr.V. Parivallal For Respondent : Mr.S. Sivakumar ---

O R D E R

Heard both side and perused the records.

2. On a perusal of the records, it is seen that there was some matrimonial dispute between the petitioner/husband and the respondent/wife. The petitioner/husband has filed HMOP.No. 175 of 2019 before the Sub Court, Cheyyar, Thiruvannamalai District, against the respondent/wife. During the pendency of the original petition, the respondent filed IA.No. 36 of 2020 under Section 24 of the Hindu Marriage Act, seeking maintenance amount of Rs.10,000/- to the respondent and her child. After perusing the records, the trial Court passed an order dated 22.08.2022 directing the petitioner/husband to pay Rs.4,000/- to the respondent and Rs.3,000/- to her child, totally Rs.7,000/- per month.

3. The learned counsel for the respondent/wife submitted that the arrears of monthly maintenance amount comes around Rs.3,83,000/- and he further submitted that the petitioner had already paid Rs.1,00,000/- to the credit of HMOP.No. 175 of 2019 by way of Demand Draft No. 516414 pursuant to the order passed by this Court on 24.08.2023.

4. Today, when the case came up for hearing, the learned counsel for the petitioner submitted that the petitioner has produced a cheque bearing No. 516471 for a sum of Rs.75,000/- [Rupees Seventy Five Thousand Only]

in favour of the respondent/wife and the same has been recorded by this Court.

5. Considering the above facts and circumstances of the case and the submissions made by the learned counsel for both sides, this Court directs the respondent/wife to produce the salary certificate of the petitioner before the trial Court for getting remaining monthly maintenance amount. After getting salary certificate of the petitioner/husband, the trial Court is directed to dispose of the HMOP.No. 175 of 2019 and pass appropriate orders on merits in accordance with law.

6. With the above directions, the Civil Revision Petition is disposed of. Consequently, connected Civil Miscellaneous Petition is closed. No costs. 27.09.2023 Speaking Order : Yes/No+ Neutral Citaion : Yes/No MSM To

1. The Sub Judge, Cheyyar.

2. The Section Officer, V.R.Section, High Court of Madras.

V.BHAVANI SUBBAROYAN, J MSM 27.09.2023