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Madras High CourtCRP/160/2023disposed of

N.Hepzhiba v. P.Tennyson

2023-01-25Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM N.Hepzhiba ... Petitioner Vs.

P.Tennyson ... Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to disposal off the maintenance petition filed in I.A.No.4 of 2022 in I.D.O.P.No.116 of 2020 on the file of learned Principal District Judge, Vellore.

For Petitioner : Mr.R.Bhagawat Krishna

O R D E R

The Civil Revision Petition is filed to dispose of the Maintenance Petition in I.A.No.4 of 2022 in I.D.O.P.No.116 of 2020.

2. The marriage between the petitioner and the respondent was solemnised on 11.12.2019 as per the Christian Rites and Customs. Due to misunderstanding, the petitioner and the respondent are living separately. The

respondent filed I.D.O.P.No.116 of 2020 for Divorce. In the said application, the petitioner / wife filed an application seeking maintenance in I.A.No.4 of 2022.

3. The learned counsel for the petitioner made a submission that Maintenance Petition in I.A.No.4 of 2022 is kept pending and adjournments are granted periodically. Docket orders relating to the Interlocutory Application reveals that several adjournments are granted without recording reasons.

4. Maintenance Petitions are to be disposed of as expeditiously as possible, since it involves livelihood of the wife. Unnecessary adjournments in Maintenance Petitions is to be avoided and adjournments are to be granted in the event of any genuine reasons. If any prima facie case is made out for grant of maintenance, then the Courts may grant interim maintenance till such time the quantum of final maintenance is determined. If the wife is unemployed and living separately with her mother or otherwise, then the Courts may grant interim maintenance soon after the applications are filed. Quantum of final maintenance can be determined after adjudication. Thus, the

Principal District Court, Vellore is directed to consider the grant of interim maintenance without causing any undue delay and thereafter, dispose of the maintenance application within a reasonable period of time.

5. With these directions, the Civil Revision Petition in C.R.P.No.160 of 2023 stands dismissed. No costs.

25.01.2023 skr Index : Yes Speaking order To The Principal District Judge, Principal District Court, Vellore.

S.M.SUBRAMANIAM, J.

skr 25.01.2023