B.Kodi v. Malarvizhi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Eighteenth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR and The Hon`ble Mr.Justice G.R.SWAMINATHAN CMP(MD) No.259 of 2019 IN CMA(MD) No.79 of 2018 B.KODI S/O.LATE BALUCHAMY THEVAR, K.CHETTIKULARM, KARUMATHUR POST, USILAMPATTI TALUK, MADURAI DISTRICT. ... PETITIONER in CMP(MD) No.259 of 2019 Vs MALARVIZHI W/O.KODI, DOOR NO.18-A, 7TH CROSS STREET, KUMARAN NAGAR, S.AALANKULAM, MADURAI DISTRICT-625 017. ...RESPONDENT in CMP(MD) No.259 of 2019 Prayer in CMP(MD) No.259 of 2019:

Petition filed under section 148 of CPC seeking to extend the time for payment of 3rd and last installments as per the order of this Hon'ble Court dated 30.08.2018 as this Hon'ble court deem fit and consequently direct the respondent to receive the demand drafts for the 3rd and last installments and thus render justice. Prayer in CMA(MD)No.79 of 2018:

Civil Miscellaneous Appeal filed under section 19 of the Family Court Act, against the fair and decreetal order dated 26.06.2017 made in HMOP 374 of 2005 on the file of Family Court, Madurai.

ORDER:

This Civil Miscellaneous Petition coming on for hearing on this day and upon perusing the petition and affidavit and the material papers and the earlier order dated 30.08.2018 and upon hearing the arguments of Mr.R.Devaraj, Advocate for the petitioner and of Mr.N.Sakthivel Advocate for the Respondent, the Court made the following order:

ORDER

[Order of the Court made by S.S.SUNDAR, J.] This petition is filed to extend the time for payment of third and last installments as per the judgment of this Court in the above appeal, dated 30.08.2018.

2.C.M.A.(MD)No.79 of 2018 has been filed by the appellant / husband as against the order of the Family Court, Madurai, in H.M.O.P.No.374 of 2005, dated 20.06.2017, dismissing the divorce petition for non-payment of arrears of maintenance in I.A.No.231 of 2017. This Court by judgment dated 30.08.2018, allowed the above appeal and restored H.M.O.P.No.374 of 2005 on file subject to the

payment of entire amount payable in four instalments (on or before 10.12.2018). The relevant portion of the judgment is as follows: "On the above submissions, the fair and decreetal order passed by the Family Court, Madurai, is set aside and H.M.O.P.No.374 of 2005, on the file of the Family Court, Madurai, is restored to file, on payment of the final installment on or before 10th December, 2018. If there is no default, the learned Judge, Family Court, Madurai, is directed to resotre H.M.O.P.No.374 of 2005 on file and dispose of the same as expeditiously as possible, however, not beyond 30.04.2019 and accordingly, C.M.A.(MD) No.79 of 2018 is allowed."

3.Since the appellant could not pay the amount payable towards the third and final installments in terms of the final order passed by this Court in the above appeal, the above miscellaneous petition has been filed.

4.The learned Counsel for the petitioner / appellant has produced before this Court, a Demand Draft, dated 22.11.2018, for a sum of Rs.2,66,000/-, towards third installment and a further Demand Draft, dated 10.12.2018 towards fourth installment. It is also stated by the learned Counsel for the petitioner / appellant that a further Demand Draft for a sum of Rs.16,000/- towards monthly maintenance of respondent / wife is also ready. The learned Counsel for the respondent though opposed this application on the ground that the delay in payment has not been properly explained by the petitioner / husband and that the petitioner / husband is always in the habit of delay in making the monthly maintenance, taking into consideration the steps taken by the petitioner / husband in bringing the demand draft and the intention to pay even the current monthly maintenance to the wife, this Court is inclined to allow this petition.

5.Since the Demand Draft had already been taken by the petitioner / husband, the learned Counsel for the petitioner was directed to hand over the same to the learned Counsel for the respondent. Accordingly, the learned Counsel for the respondent has also acknowledged the receipt of three demand drafts as stated supra. Recording the facts, this petition is ordered. The Family Court, Madurai, is directed to dispose of H.M.O.PNo.374 of 2005 within a period of four months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS I)

TO THE JUDGE, FAMILY COURT , MADURAI.

Copy To:

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1CC to Mr.MR.V.SAKTHIVEL , Advocate SR.No. 41853. +1CC to Mr.R.DEVARAJ , Advocate SR.No. 41862. CMR ORDER DATED:18/01/2019

ORDER

CMP(MD) No.259 of 2019 IN CMA(MD) No.79 of 2018 DS/SKN /SAR-1 (18.02.2019) 3P 6C