Eswaramoorthi v. Maheshwari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2024 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU C.R.P. (MD) No. 949 of 2024 and C.M.P. (MD) No. 5146 of 2024 Eswaramoorthi ... Petitioner/ Respondent / Respondent Vs.

Maheshwari ... Respondent / Petitioner / Petitioner PRAYER: Petition filed under Article 227 of the Constitution of India, to allow the Civil Revision Petition and set aside the fair and decreetal order dated 24.11.2023 made in I.A. No. 3 of 2023 in H.M.O.P. No. 83 of 2023 on the file of the Family Court, Thoothukudi.

For Petitioner : Mr. Mahendran for M/s.V.Selvakumar For Respondents : Mr. M.Pandian 1/4

O R D E R

This Civil Revision Petition invoking under Article 227 of the Constitution of India has been filed by the Petitioner (hereinafter referred to as the 'Husband' for clarity and convenience) against the order dated 24.11.2023 in I.A. No. 3 of 2023 in H.M.O.P. No. 83 of 2023 passed by the Family Court, Thoothukudi granting interim maintenance to the Respondent (hereinafter referred to as the 'Wife' for clarity and convenience) in a matrimonial proceeding between them.

2.

Heard Mr. Mahendran, for M/s.V.Selvakumar, Learned Counsel for the Husband and Mr. M.Pandian, Learned Counsel for the Wife and perused the materials placed on record apart from the pleadings of the parties. 3.

As the Husband has not been able to show any infirmity in the impugned order requiring interference by this Court, Learned Counsel appearing for the Husband seeks permission of the Court to withdraw this Civil Revision Petition with an undertaking to pay the arrears of maintenance 2/4

aggregating to Rs. 1,40,000/- in four monthly installments of Rs. 35,000/- each by 31.05.2024, 30.06.2024, 31.07.2024 and 31.08.2024, apart from the amounts payable from May 2024 onwards on the due dates, and he has made an endorsement to that effect in the court record. In the result, the Civil Revision Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, connected Miscellaneous Petition is closed. No costs.

29.04.2024 Index : Yes/No NCC : Yes/No sm Note: Issuer order copy by 31.05.2024.

TO:

The Family Court, Thoothukudi.

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P.D.AUDIKESAVALU,J.

sm C. R. P. (MD) No. 949 of 2024 29.04.2024 4/4