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Madras High CourtCRP/3399/2018dismissed

Ravi v. Mrs.Devi

2021-07-20Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRP (PD).No.3399 of 2018 and CMP.No.19180 of 2020 Ravi ... Petitioner Vs.

1. Devi

2. R.Krishraghave

3. R.Lakshnasree [2 and 3rd respondents are minor children represented by her guardian mother Devi] ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decretal order made in I.A.No.177 of 2016 in H.M.O.P.No.4 of 2013 dated 26.06.2018 on the file of the Subordinate Court, Tambaram.

For Petitioner : Mr.V.Perarasu For Respondents : Not Ready in Notice (No Appearance) 1/5

O R D E R

This Civil Revision Petition is filed as against the fair and decretal order passed in I.A.No.177 of 2016 in H.M.O.P.No.4 of 2013 dated 26.06.2018 on the file of the learned Subordinate Judge, Tambaram, thereby ordering interim maintenance till the disposal of the divorce petition.

2. The petitioner is the husband and the first respondent is the wife. They got married on 07.05.2009 and due to their wedlock they gave birth to children viz., respondents 2 and 3. Due to misunderstanding between them, they got separated and the petitioner filed a petition for divorce on the ground of cruelty. While pending the divorce petition, the respondents herein filed a petition under Section 24 of the Hindu Marriage Act, 1955 seeking interim maintenance for a sum of Rs.5,000/- to each of the respondents herein.

3. On a perusal of the records, it reveals that the petitioner is working as conductor in the Chennai Metro Transport Corporation and he is drawing reasonable salary. The petitioner being the husband, he is duty bound to 2/5

maintain his wife and children. Therefore, the Court below ordered only Rs.10,000/- as interim maintenance for all the three respondents herein commonly till the disposal of the main petition. Therefore, this Court finds no infirmity or illegality in the order passed by the Trial Court.

4. Accordingly, this Civil Revision Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. 20.07.2021 Speaking/Non-speaking order Index : Yes/No kv To

1. The Subordinate Judge, Tambaram.

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

3/5

G.K.ILANTHIRAIYAN,J.

kv CRP (PD).No.3399 of 2018 4/5

20.07.2021 5/5