K.Sundaramoorthy, v. Mrs. Mala Alias Kavitha,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN Crl.R.C.No.794 of 2018 and Crl.M.P.No.9008 of 2018 K.Sundaramoorthy ... Petitioner Vs.

Mala alias Kavitha ... Respondent Criminal Revision filed under Section 397 read with Section 401 Cr.P.C. seeking to set aside the order and decreetal order dated 28.05.2018 passed in M.C.No.295 of 2015 on the file of the Principal Judge, Family Court, Chennai. For Petitioner : Mr.M.Kamalanathan For Respondent : Mr.T.Jayakumar

O R D E R

The petitioner herein is the husband and the respondent herein is the wife. Due to a matrimonial dispute between them, they are living separately. The petitioner filed a petition for divorce in OP No.3859 of 2009 before the Principal Judge, Family Court, Chennai. Thereafter, the respondent filed the Maintenance Case in M.C.No.295 of 2015 and both these cases were disposed of by the Court below by way of a common order. The Family Court allowed the divorce petition filed by the husband and ordered the husband to pay a monthly maintenance of Rs.6,000/- to the respondent, to be paid from June 2018 onwards. The arrears of Rs.1,77,500/- were also directed to be cleared within two months.

2.Challenging the order passed in the maintenance case, the petitioner has come up with the present Criminal Revision Case.

3.When this revision was taken up for consideration, the learned counsel on either side have submitted that a sum of Rs.6,000/- may be fixed as monthly maintenance payable by the petitioner / husband to the respondent / wife, hereafter, ie., from the month of February 2020, payable on or before 5th March 2020. Accordingly, the petitioner is directed to pay a sum of Rs.6,000/- as monthly maintenance to the respondent from https://hcservices.ecourts.gov.in/hcservices/

February 2020, payable on or before 5th March 2020. Further, the petitioner is directed to pay the monthly maintenance of Rs.6,000/- on or before 5th of every succeeding English calendar month regularly without any default. It is also hereby ordered that the arrears of maintenance amount have to be paid in two equal instalments, if not paid. The first instalment has to be paid to the respondent on or before 10th March 2020 and the second instalment has to be paid on or before 10th April 2020.

4.With the above directions, the Criminal Revision Case is disposed of. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar KM To 1.The Principal Judge, Family Court, Chennai. 2.The Public Prosecutor, Madras High Court.

+1cc to Mr.T.Jayakumar, Advocate SR.No.17530 +1cc to Mr.M.Kamalanathan, Advocate SR.No.17464 Crl.R.C.No.794 of 2018 and Crl.M.P.No.9008 of 2018 VSN II(CO) GMY(02/03/2020) https://hcservices.ecourts.gov.in/hcservices/