G. Deepalakshmi v. K. Balu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN C.R.P.(PD)Nos.2560, 2561 & 2562 of 2018

1. G.Deepalakshmi

2. Master Pranav Balu ... Petitioners in all CRPs.

Vs.

K.Balu ... Respondent in all CRPs.

Common Prayer :- These Civil Revision Petitions are filed under Article 227 of the Constitution of India to set aside the order dated 04.04.2014 passed by the learned Subordinate Judge, Subordinate Court, Tambaram in I.A.Nos.7, 8 & 9 of 2010 in H.M.O.P.No.135 of 2009 respectively. For Petitioners in all CRPs : Ms.K.Santhakumari For Respondent in all CRPs : Mr.T.K.S.Gandhi

COMMON ORDER These Civil Revision Petitions are directed as against common order dated 04.04.2014 passed by the learned Subordinate Judge, Subordinate Court, Tambaram made in I.A.Nos.7, 8 & 9 of 2010 in H.M.O.P.No.135 of 2009 respectively, thereby partial dismissal of the petition seeking educational expenses, house rent advance and also for interim maintenance respectively.

2.

In all the above Civil Revision Petitions, the petitioners are the wife and minor child and the respondent is the husband. The respondent got married with the first petitioner herein on 24.02.2002. Due to their wedlock, they gave birth to the second minor petitioner herein. Thereafter they settled in USA. Due to misunderstanding between them, they got separated and the petitioners were driven out to their parents house. Thereafter, the respondent filed petition seeking dissolution of their marriage in H.M.O.P.No.135 of 2009 on the file of the Subordinate Court, Tambaram on the ground of cruelty.

3.

While pending the divorce petition, the first petitioner filed petition seeking educational expenses for the second petitioner, house rent advance expenses and monthly interim maintenance. The Court below partly allowed the applications and directed the respondent to pay a sum of Rs.10,000/- towards educational expenses, a sum of Rs.10,000/- towards house rent advance expenses and a sum of Rs.5,000/- per month each to the petitioners towards interim maintenance, till disposal of the H.M.O.P. Aggrieved by the same, the petitioners filed these present Civil Revision Petitions.

4.

The learned counsel appearing for the respondent would submit that the entire issue is under negotiation and about to settle. However the learned counsel appearing for the petitioners reported that she has no instructions from the petitioners with regard to settlement. They further submitted that both the first petitioner and the respondent are working in USA and continued their avocation. It is further submitted that the divorce petition pending on the file of the Subordinate Court, Tambaram now transferred to Subordinate Court, Alandur and the same is pending.

5.

Considering the facts and circumstances of the case, this Court finds no illegality or infirmity in the order passed by the Court below. However, it is open to the parties to explore any settlement before the Court below. Accordingly, all the Civil Revision Petitions are dismissed. There shall be no order as to costs.

24.06.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts

To

1. The Subordinate Judge, Tambaram.

2. The Subordinate Judge, Alandur

3. The Section Officer, V.R. Section, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts C.R.P.(PD)Nos.2560, 2561 & 2562 of 2018 24.06.2021