M.Shankar v. N.Preethi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Review Application No.202 of 2021 in C.M.A.No.1147 of 2021 M.Shankar ..

Review Applicant/Appellant -vsN.Preethi ..

Respondent/Respondent Memorandum of Grounds of Review Application filed under Order XLVII, Rule 1 read with Section 114 of the Code of Civil Procedure, to modify the order dated 30.03.2021 passed in C.M.A.No.1147 of 2021. For Review Applicant ::

Mr.T.M.Madasamy

ORDER

(Order of the Court was made by T.RAJA, J.) This review application has been filed to review the impugned decretal order dated 30.03.2021 passed in C.M.A.No.1147 of 2021 by this Court, confirming the quantum of interim maintenance of Rs.25,000/- per month with Rs.5,000/- as litigation expenses apart from payment of the 1/4

entire educational expenses of the child, as ordered by the Additional Principal Family Court, Coimbatore in I.A.No.1 of 2019 in H.M.O.P.No.1464 of 2018 in favour of the respondent, on the ground that they are just and reasonable.

2, Mr.T.M.Madasamy, learned counsel appearing for the review applicant submitted that the parties were not given any chance to go before the mediation to sort out the issues. However, as the amount payable by the review applicant to his wife and child is about Rs.25,000/- per month, it has to be properly utilised for the welfare of the child by the mother. Therefore, if the parties are directed to go before the mediation centre, this issue also can be ironed out.

3. But we do not find any ground to review the impugned decretal order, as there is no error apparent on the face of the record. Moreover, mediation could be possible if the parties are prepared for reunion in the matrimonial matter pending before the Additional Principal Family Court, Coimbatore. Therefore, the review applicant has to work out his remedy 2/4

before the Additional Principal Family Court, Coimbatore, where the H.M.O.P.No.1464 of 2018 filed by the respondent/wife for divorce is pending. Giving liberty to approach the Additional Principal Family Court, Coimbatore to make arrangements for mediation between the parties, if they so desire, as highlighted above, for the reason that there is no error apparent on the face of the record made out before us, the review application fails and it is dismissed.

Speaking/Non speaking order (T.R.,J.) (G.C.S., J.) Index : yes/no 23.03.2022 ss 3/4

T.RAJA, J.

and G.CHANDRASEKHARAN, J.

ss in C.M.A.No.1147 of 2021 23.03.2022 4/4