Madras High CourtCRP(MD)/988/2024dismissed

Rajarajeshwari, v. Saradha Ramakrishnan,

2024-09-11Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.5378 of 2024 Rajarajeshwari ... Petitioner / Petitioner / Respondent Vs.

Saradha Ramakrishnan ... Respondent / Respondent / Petitioner Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 15.12.2023 made in I.A.No. 2 of 2023 in H.M.O.P.No.126 of 2020 on the file of the Additional Sub Judge (Additional Sub Judge) (in-charge), Tenkasi and allow this civil revision petition.

For Petitioner : Mr.L.Siva

O R D E R

Heard both sides.

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2. The petitioner herein is figuring as respondent in H.M.O.P.No.126 of 2020 filed by the respondent herein on the file of the Additional Sub Judge, Tenkasi. The respondent seeks divorce.

3. The petitioner filed I.A.No.2 of 2023 seeking interim maintenance. It was allowed vide order dated 15.12.2023. The respondent herein was directed to pay a sum of Rs.7,000/- per month. Questioning the same, the petitioner filed this civil revision petition.

4. The reason for filing this civil revision petition is that the order was to take effect from the date of the order and not from the date of filing of the application. The stand of the petitioner is sustained. The impugned order is modified. It is directed that it shall take effect from the date of filing of IA No. 2 of 2023. The arrears may approximately come to Rs.90,000/-. The respondent is given three months time to clear the arrears.

5. The Civil Revision Petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed. 11.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi 2/4

To:

The Additional Sub Judge (Additional Sub Judge) (in-charge), Tenkasi. 3/4

G.R.SWAMINATHAN, J.

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