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Madras High CourtCMP(MD)/1939/2020allowed

Gokulanathan v. Krishnaveni

2020-02-24Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.1939 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fourth day of February Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.1939 of 2020 IN CRP(MD) No.338 of 2020 GOKULANATHAN ... PETITIONER/ PETITIONER Vs KRISHNAVENI ... RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the operation of the order dated 15.10.2019 passed in I.A. No. 463/2015 in H.M.O.P. NO. 151 /2015 on the file of the file of Principal Sub Court, Trichirapalli, Pending disposal of this Civil Revision Petition.

Prayer in CRP(MD). 338/ 2020 :

Pleased to call for the records in the fair and decreetal order dated 15.10.2019 passed in I.A. No. 463/2015 in H.M.O.P. No. 151/2015 on the file of the Principal Subordinate Judge, Trichy. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.C.DHANASEELAN, Advocate for the petitioner, the court made the following order:- This petition is filed to stay the operation of the order dated 15.10.2019 passed in I.A.No.463 of 2015 in H.M.O.P.No.151 of 2015 on the file of the Principal Sub Court, Trichirapalli, pending disposal of this Civil Revision Petition.

2. On the side of the petitioner, it is stated that the respondent is not medically fit for marriage and the respondent lived with the petitioner only for a month. The respondent did not seek for maintenance from 2015 onwards. Only in the year 2019, she filed a petition for maintenance, for the in between period, the petitioner was un-employed and the arrears comes around Rs.4,00,000/- and the petitioner is not able to pay that amount and the petitioner is willing to pay maintenance as fixed by the trial Court and prayed that an interim stay order from payment of arrears of maintenance amount.

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CMP(MD) No.1939 of 2020

3. The claim for the arrears of maintenance is temporarily stayed on the following conditions:- "The petitioner is directed to deposit 50% of the arrears of maintenance before the trial Court in two instalments within a period of two months from today and the petitioner is also directed to pay monthly maintenance amount as directed by the trial Court, failing which, the interim stay shall stand automatically vacated without any further reference to this Court."

4. With the above direction, this Civil Miscellaneous Petition is allowed.

sd/- 24/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, PRINCIPAL SUB COURT, TIRUCHIRAPALLI.

+1 CC to M/s.C.DHANASEELAN, Advocate ( SR-3889[I] dated 25/02/2020 )

ORDER

IN CMP(MD) No.1939 of 2020 IN CRP(MD) No.338 of 2020 Date :24/02/2020 LS JM/PN/SAR 4/05.03.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2