Jawaharlal v. Jenitha,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM

THE HON'BLE MRS.JUSTICE R.KALAIMATHI and C.M.P(MD) No.3707 of 2019 Jawaharlal ... Appellant Vs.

Jenitha ... Respondent Prayer: Civil Miscellaneous Appeal filed under Section 55 of the Indian Divorce Act, to call for the records pertaining to the order dated 06.12.2018 made in I.D.O.P.No.184 of 2017 on the file of the Additional District and Sessions Court (Fast Track Court) Kanyakumari District at Nagercoil and set aside the same.

For Appellant : Mr.R.Arun Kumar for Mr.C.Mayil Vahana Rajendran For Respondent : Mr.K.Sathish Kumar for Mr.Dhanachandra Prakash *****

J U D G M E N T

The learned counsel for the respondent would state that, as per the order passed in I.D.O.P.No.184 of 2017, the husband is liable to pay Page No. 1 of 4

Rs.20,000/- as monthly maintenance to the wife and this order for restitution of conjugal rights is sought to be challenged in this appeal.

2. The petitioner / respondent herein was granted an alternative relief of periodical payment under Order 21 Rule 33 of CPC to execute the decree for restitution of conjugal rights by way of Rs.20,000/- per month payable within 10th day of every month. This Court by an order dated 23.10.2024, the appellant was directed to pay a sum of Rs. 5,00,000/- towards arrears of maintenance within a period of six weeks.

3. The learned counsel for the respondent would submit that the said order has not been complied with. Despite after few adjournments, the appellant has not chosen to comply with the said condition. Hence, this Civil Miscellaneous Appeal stands dismissed for non-compliance the conditional order dated 23.10.2024. There is no order as to costs. Consequently, connected Civil Miscellaneous Petition stands closed. 20.01.2025 Index: Yes/ No NCC: Yes / No Speaking Order / Non-Speaking Order mac Page No. 2 of 4

To 1.The Additional District and Sessions Court, (Fast Track Court), Kanyakumari District 2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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R.KALAIMATHI , J.

mac and C.M.P(MD) No.3707 of 2019 20.01.2025 Page No. 4 of 4