Madras High CourtCRP(MD)/608/2023disposed of

R. Kanaga Varatharajan v. N. Vimala

2023-03-06Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and CMP(MD)No.2791 of 2023 R.Kanaga Varatharajan ... Petitioner/ Respondent/Petitioner Vs.

N.Vimala ... Respondent/Petitioner/Respondent PRAYER:- This Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the judgment and decree passed in I.C.No.1 of 2022 in H.M.O.P.No.39 of 2022 on the file of the Sub-Judge, Tenkasi, dated 30.09.2022 by allowing this Civil Revision Petition. For petitioner : Mr.T.A.Ebebezer

ORDER

This Civil Revision Petition has been filed by the petitioner to set aside the judgment and decree passed in I.A.No.1 of 2022 in H.M.O.P.No.39 of 2022 on the file of the Sub-Judge, Tenkasi, dated 30.09.2022, by allowing this Civil Revision Petition.

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2.The petitioner herein is the petitioner in H.M.O.P.No.39 of 2022 on the file of the Sub-Court, Tenkasi. The said proceedings has been initiated by the petitioner against the respondent/wife to dissolve the marriage and to direct the respondent to pay the costs of the proceedings and for such other incidental relief in the said HMOP. The respondent herein filed I.A.No. 1 of 2022 in H.M.O.P.No.39 of 2022 on the file of the Sub-Court, Tenkasi. for interim maintenance of Rs.25,000/-.

3.The case of the petitioner is that interim maintenance of Rs.10,000/- that has been awarded by the learned Sub Judge, Tenkasi, was exorbitant considering the fact that the petitioner's annul income is only Rs.1,84,000/- and that the respondent was gainfully employed as a Assistant Professor in a private Educational institution. It is further submitted that despite of several requests by the petitioner asking the respondent to lead the life happily in the matrimonial home, the respondent threatened the petitioner that she would be commit suicide. Therefore, the petitioner should not be forced to pay a sum of Rs.10,000/- towards maintenance as that has been ordered by the Sub Judge, Tenkasi.

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4.I have considered the argument advanced by the learned counsel for the petitioner. There is no merits in the present Civil Revision Petition. The learned Sub-Judge, Tenkasi, shall however endeavour to expedite the trial in H.M.O.P.No.39 of 2022 bring a close to the said proceeding within a period of 18 months from the date of receipt of a copy of this orders. No costs. Consequently, the connected miscellaneous petition is closed. 06.03.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No dss To 1.The Sub-Judge, Tenkasi.

2.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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C.SARAVANAN,J.

dss and CMP(MD)No.2791 of 2023 06.03.2023 4/4