A.Calvin D Cruz v. S.R.Arumai Samarpana

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY C.M.A.No.3609 of 2021 and C.M.P. No.21132 of 2021 Dr.A.Calvin D Cruz ... Appellant vs S.R.Arumai Samarpana ... Respondent Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984 against the order dated 07.10.2021 made in I.A. No.157 of 2021 in I.D.O.P. No.45 of 2021 on the file of the Judge, Family Court, Villupuram.

For Appellant :

Ms.Y.Kavitha For Respondent :

Ms.N.Lalitha

JUDGMENT

[Judgment of this Court was delivered by T.RAJA, J.] When the matter is taken up for hearing, learned counsel appearing for the appellant submitted that the appellant has paid Rs.50,000/- towards arrears of mainenance, which shall be payable for six months, as per the conditional order dated 05.01.2022 passed by this Court and he would pay Rs.20,000/- towards monthly maintenance for January and February 2022 on or before 05.02.2022 and he will continue to pay the monthly maintenance at Rs.10,000/- from the month of March 2022 on or before 5th of every English calender month until further orders to be passed by the Family Court, Villupuram. 2.Learned counsel for the respondent agreed for the said factum made by the learned counsel for the appellant. 3.Fully satisifed with the submissions made by both the learned counsel, we are inclined to dispose of this appeal with certain directions.

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Accordingly, this appeal stands disposed of and the appellant is directed to pay Rs.20,000/- towards monthly maintenance for the month of January and February 2022 on or before 05.02.2022 and the appellant is further directed to continue to pay the monthly maintenance at Rs.10,000/- from the month of March 2022 on or before the 5th day of every English calender month until further orders to be passed by the Family Court, Villupuram.

4.Since both the parties have not filed their affidavit of assets and liabilities before the Family Court, Villupuram, we direct the parties to file their affidavit of assets and liabilities before the Family Court, Villupuram within a period of four weeks from today. On receipt of the same, the Family Court, Villupuram shall consider the same and dispose of the I.D.O.P. No.45 of 2021, on merits and in accordance with law, preferably within a period of three months from the date of receipt of a copy of this order. Consequently, C.M.P. No.21132 of 2021 stands closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vga To 1.The Family Court, Villupuram.

2.The Section Officer, V.R. Section, High Court, Madras.

+1 CC to M/s. Y. Kavitha, Advocate sr 5317 C.M.A.No.3609 of 2021 and C.M.P. No.21132 of 2021 SPD(CO) SP(01/02/2022) https://hcservices.ecourts.gov.in/hcservices/