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Madras High CourtCMP/22737/2024time extended

G.V.N.S.Siva Pasad v. V.Jyostna Devi

2024-11-18Honourable Mr Justice V. Lakshminarayanan3 pages

C.M.P.No.22737 of 2024 in C.R.P.(PD)No.3060 of 2024 & C.M.P.No.16499 of 2024 V.LAKSHMINARAYANAN,J.

Heard Mr.G.Mohanakrishnan for Ms.S.Priyadarshini for the petitioner and Mr.R.Karthik for the respondent.

2. Mr.G.Mohanakrishnan pleads that the civil revision petitioner/husband left his employment at R.R.Donnelley and had shifted to Hyderabad. Therefore, he was not in a position to pay the amounts immediately.

3. Mr.R.Karthik states that the husband has moved this petition only after the wife moved an application to strike off the divorce petition for non payment of arrears.

4. I have carefully considered the submissions of both sides. 1/3

5. The power to extend the time is available to this Court by virtue of Section 148 of the Code of Civil Procedure. The civil revision petitioner pleads that he will clear the arrears within a period of four weeks. By dismissing the petition, it is the wife who is going to suffer as the lack of maintenance is going to continue. The husband has given an assurance that he will clear the arrears within a period of four weeks.

6. Taking into consideration the time granted by this Court in C.R.P.(PD)No.3060 of 2024 to clear the arrears is extended four weeks from today i.e. on or before 16.12.2024. The petition is accordingly ordered.

7. The III Additional Family Court at Chennai is requested to adjourn the petition to strike off the divorce petition till 17.12.2024. In case arrears are not paid by the husband, appropriate orders will be passed on 17.12.2024.

18.11.2024 kj 2/3

V.LAKSHMINARAYANAN,J.

Kj C.M.P.No.22737 of 2024 in C.R.P.(PD)No.3060 of 2024 & C.M.P.No.16499 of 2024 18.11.2024 3/3