T.S.Thirumal v. Monitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2020

CORAM:

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN T.S.Thirumal ... Petitioner in CRP No.3739 of 2018 & Respondent in CRP No.219 of 2018 Vs Monitha

...Respondent in CRP No.3739 of 2018

& Petitioner in CRP No.219 of 2018 Common Prayer:

Civil Revision Petitions filed under Article 227 of the Constitution of India, to set aside the Fair and decreetal order dated 10.11.2017 made IA.No.95 of 2017 in H.M.O.P. No.325 of 2016 on the file of the subordinate Judge, Poonamallee.

For Petitioner in CRP No.3739 of 2018 and Respondent in CRP No.219 of 2018 : Mr.B.Hari Krishnan For Respondent in CRP No.3739 of 2018 andPetitioner in CRP No.219 of 2018 : Mr.C.T.Murugappan 1/4

COMMON ORDER These two revisions are against an order passed by the learned Subordinate Judge, Poonamallee, directing payment of maintenance at Rs.10,000/- per month to the wife and Rs.5,000/- towards litigation expenses apart from directing the husband to take care of the educational expenses of the two daughters.

2. It is now stated that the husband has purchased a house property at Hosur in the name of the wife and that is also yielding rental income. Mr.C.T.Murugappan, learned counsel appearing for the wife/petitioner in CRP No.219 of 2018 would submit that when the Civil Revision petition was filed, the husband was receiving the rent for the house property at Hosur and now the wife is receiving the rent and therefore, he has no grievance about the quantum of maintenance ordered by the trial Court.

3. Mr.B.Hari Krishnan, learned counsel appearing for the husband/petitioner in CRP No.3739 of 2018 would also endorse the submissions made by Mr.C.T.Murugappan.

4. In view of the same, both the Civil Revision petitions are 2/4

dismissed. It is made clear that the wife will be entitled to receive the rent from the house property situate at Hosur, as is being done now, till the final decision is reached in the HMOP.

5. It is stated by Mr.B.Hari Krishnan that there is no arrears and that if there is any arrears, he would advice his client to reconcile the same and pay it.

6. Considering the fact that the main HMOP is of the year 2016, the learned Subordinate Judge, Poonamallee is directed to dispose of the same within a period of six months from the date of resumption of physical hearing in the Courts at Poonamallee. No costs. 17.09.2020 Index : Yes/No Speaking order / Non Speaking order vum To The Subordinate Judge, Poonamallee 3/4

R.SUBRAMANIAN, J.

vum 17.09.2020 4/4