Madras High CourtCRL RC/645/2018disposed of

Senthilnathan, Aged 56 Years, v. Kamatchi,

2020-02-06Honourable Mr Justice R. Mahadevan3 pages

Crl.RC.No.645 of 2018 and Crl.MP.No.7466 of 2018 R.MAHADEVAN, J.

This matter is listed today under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submitted that this Court, vide order dated 06.02.2020, directed the petitioner to pay the monthly interim maintenance at Rs.5,000/- each to the respondent and her son, on or before 5th of every succeeding English Calender month, without any default, till the disposal of maintenance case. According to him, inadvertently maintenance has been ordered both for the wife and son instead of wife alone. Hence, he needs to rectify the same.

3. The learned Counsel appearing for the respondent has no serious objection on the submission so made by the learned counsel for the petitioner.

4. Considering the submission made by the learned counsel on either side, this Court is inclined to rectify the aforesaid mistake crept-in 1/3

in the order inadvertently. Accordingly para 5 of the order dated 06.02.2020 is modified as under:- "5. Considering the facts and circumstances of the case and also having regard to the submissions made by the learned counsel on either side, this Court directs the learned Judicial Magistrate No.1, Ponneri, to dispose of M.C.No.6 of 2015, pending on his file, on merits and in accordance with law, after affording due opportunity of hearing to both the parties, within a period of three months from the date of receipt of a copy of this order. Till the disposal of maintenance case, the petitioner shall continue to pay the interim maintenance at Rs.5,000/- per month to the respondent alone on or before 5th of every succeeding English Calendar month, without any default." Except the same, the order remains unaltered in respect of other aspects.

5. The Registry is directed to issue a fresh order copy, after carrying out the necessary corrections.

24.09.2020 av 2/3

R.MAHADEVAN, J.

av Crl.RC.No.645 of 2018 and Crl.MP.No.7466 of 2018 24.09.2020 3/3