Madras High CourtCRP/2172/2018dismissed

H.Arulmani v. Sellam

2021-04-30Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN CRP.PD.No.2172 of 2018 and CMP.No.13637 of 2018 H.Arulmani ..Petitioner Vs.

Sellam ..Respondent PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and final order of IA.No.88 of 2017 in HMOP.No.185 of 2016 order dated 21.12.2017 on the file of the Principal Subordinate Court, Vridhachalam, Cuddalore District. For Petitioner : No Appearance For Respondent : M/s.AL.Ganthimathi

ORDER

This Civil Revision Petition is filed against the fair and final order of IA.No.88 of 2017 in HMOP.No.185 of 2016 order dated 1/4

21.12.2017 on the file of the Principal Subordinate Court, Vridhachalam, Cuddalore District, thereby granted interim maintenance till the disposal of the main divorce petition.

2. The petitioner is the husband and the respondent is the wife. The petitioner filed petition for divorce on the ground of cruelty. While pending the divorce petition, the respondent filed petition for interim maintenance till the disposal of the suit. On perusal of the affidavit filed in support of the interim maintenance, the respondent stated that due to wedlock between the petitioner and the respondent, they gave birth to a male child. Without any reason, the petitioner deserted them and the respondent was driven out from matrimonial home. Further stated that the petitioner is working under Tamil Nadu State Transport Corporation and he is drawing salary of Rs.25,000/- per month. Considering the same, the court below ordered a sum of Rs.5,000/- per month as interim maintenance payable by the petitioner towards interim maintenance till the disposal of the main divorce petition. Aggrieved by the same, the petitioner preferred this civil revision petition.

3. It is seen that the court below ordered only a sum of Rs.5,000/- per month as interim maintenance, that too for respondent 2/4

and her minor child. Therefore, the interim maintenance is very meagre and the order of the court below does not require any interference by this Court.

4.In view of the above discussion, this civil revision petition is dismissed. However, the trial court is directed to dispose of the main petition for divorce within a period of six months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed. No order as to costs.

30.04.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok To The Principal Subordinate Court, Vridhachalam, Cuddalore District.

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G.K.ILANTHIRAIYAN,J.

lok 30.04.2021 4/4