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Madras High CourtCRP/2864/2023disposed of

V.Balasivaramakrishnan v. R.Sathiya

2023-11-08Honourable Mrs Justice T.V.Thamilselvi6 pages

T.V.THAMILSELVI, J.

Today, the matter is listed under the caption "For Being Mentioned".

2. Learned counsel appearing for the respondent submits that in the operative portion of the order, a direction was given to V Additional Family Court, Chennai to dispose the M.C.No.69 of 2022 within a period of six weeks from the date of receipt of a copy of this order instead of I Additional Family Court, Chennai. Further, the learned counsel appearing for the respondent submits that as directed by the Lower Court, the petitioner has not paid the interim maintenacnce to the respondent.

3. Considering the submissions made, the operative portion of the order i.e., paragraph No.5 shall be read as: "Considering the fact of the case, the I Additional Family Court, Chennai, is directed to dispose of the M.C.No.69 of 2022 within a period of six weeks from the date of receipt of a copy of this order.

As directed by the Lower Court, the petitioner shall pay the interim maintenance to the respondent within a period of two weeks from the date of receipt of a copy of this order."

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T.V. THAMILSELVI, J.

mp

4. Hence, the Registry is directed to issue the correct order copy to the parties.

05.12.2023 mp CRP.No.2864 of 2023 2/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP. No. 2864 of 2023 & CMP No. 17740 of 2023 V.Balasivaramakrishnan

...Petitioner

Vs Sathya

...Respondent

PRAYER : This Civil Revision Petition has been filed under Section 115 of CPC, to set aside the order passed in I.A No. 2 of 2023 in O.P No. 2520 of 2021 on the file of the I Additional Family Court at Chennai. For Petitioner : Ms. V.J.Latha For Respondent : Mr.R.Ganesh Babu

ORDER

This petition has been filed to set aside the order passed in I.A No. 2 of 2023 in O.P No. 2520 of 2021 on the file of the I Additional Family Court at Chennai.

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2. When the matter is taken up for hearing the learned counsel for the petitioner seeks permission of this Court to withdraw this petition.

3. On the other side, the learned counsel for the respondent submits that the respondent living with minor child without any source of income. But the petitioner is employee of the Southern Railway and earning decent salary. Further, the respondent herein filed MC No. 69 of 2021 before the V Additional Family Court, Chennai, and the Court below directed the petitioner to pay a interim maintenance to the respondent but he has not complied the order till date.

4. The learned counsel for the petitioner submits that the respondent has not produced proper Bank Account Number to deposit the amount as directed by the Court.

5. Considering the fact of the case, the V Additional Family Court, Chennai, is directed to dispose of the M.C No. 69 of 2021 within a period of six weeks from the date of receipt of a copy of this order. 4/6

6. Accordingly, this Civil Revision petition is disposed of. No Cost. Consequentially connected miscellaneous petition is closed. 08.11.2023 pbl To The V Additional Family Court, Chennai, 5/6

T.V.THAMILSELVI,J.

Pbl CRP. No.2864 of 2023 & CMP No. 17740 of 2023 08.11.2023 6/6