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Madras High CourtCRP/3046/2016disposed of

Minor Asmitha v. B.Shabarishkumar

2016-10-21Honourable Mr Justice K.K. Sasidharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.R.P.(P.D.) No.3046 of 2016 and C.M.P.No.15410 of 2016 Minor Asmitha Represented by her next friend Mother M.Tharani

...Petitioner

versus B.Shabarishkumar

...Respondent

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order of the learned Sub-Judge, Sankari dated 02.08.2016 passed in I.A.No.94 of 2015 in HMOP No.11 of 2012.

For Petitioner : Mr.Saikrishnan for M/s.Sai Bharath and Ilan For Respondent : Mr.M.Murali

O R D E R

The respondent initiated proceedings in HMOP No.11 of 2012 before the Sub-Court, Sankari, praying for a decree of divorce. In the said original proceedings, the petitioner filed an application in I.A.No.94 of 2015 claiming maintenance for her minor daughter. The learned Trial Judge granted maintenance at the rate of Rs.5,000/- per month.

Feeling aggrieved by the quantum, the petitioner has come up with this Civil Revision Petition.

2. The learned counsel for the respondent on instructions submitted that the respondent would pay maintenance at the rate of Rs.8,000/- per month.

3. The learned counsel for the petitioner on instructions submitted that the petitioner is also agreeable to receive the said amount in modification of the order passed by the Trial Court fixing the maintenance at the rate of Rs.5,000/- per month.

4. The respondent is given four weeks' time to pay the differential amount as on today. He shall pay maintenance at the rate of Rs.8000/- per month. The amount shall be sent by way of Demand Draft in favour of the petitioner without default.

5. The order passed by the learned Trial Judge dated 02.08.2016 in I.A.No.94 of 2015 is modified to the extent indicated above.

6. The Civil Revision Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

21.10.2016 Index:Yes/No svki To The Subordinate Judge, Sankari

K.K.SASIDHARAN, J.

(svki) C.R.P.(P.D.) No.3046 of 2016 21.10.2016