Madras High CourtCRP(MD)/2292/2017partly allowed

V.J.M.Subha @ Mary Subha v. K.Sankara Subramonian

2018-09-03Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD).No.2292 of 2017 and C.M.P.(MD)No.11114 of 2017 V.J.M.Subha @ Mary Subha ... Petitioner/Petitioner/Respondent Vs.

K.Sankara Subramonian ... Respondent/Respondent/ Petitioner PRAYER: Petition filed under Article 227 of the Constitution of India, to set aside the order made in I.A.No.64 of 2011 in H.M.O.P.No.33 of 2010 on the file of the 1st Additional Subordinate Judge, Nagercoil, dated 23.09.2016 and enhance the interim alimony and allow the Civil Revision Petition.

For petitioner : Mr.C.Sankar Prakash For Respondent : Mr.G.Aravinthan

ORDER

The revision petitioner herein is the respondent in H.M.O.P.No.33 of 2010 on the file of the I Additional Sub Court, Nagercoil. She got married to the respondent herein on 23.08.2001. Two children have been born through the wed lock. The marital relationship between the parties came under strain. The respondent has filed H.M.O.P.No.33 of 2010 seeking divorce. In the said H.M.O.P., I.A.No.64 of 2011 was filed for payment of interim alimony. The Court below awarded a sum of Rs.750/- per month. Questioning the same and seeking enhancement, the wife has filed this Civil Revision Petition.

2.Heard the learned counsel on either side.

3.It is seen that the respondent is working only as a Supervisor in a TASMAC shop and his monthly salary is not really substantial. Both the children are with the respondent. Taking into account this aspect, the amount in question was fixed as Rs. 750/- per month.

4.This Court is of the view that this can be rounded off as Rs.1,000/- per month. The order impugned in this Civil Revision Petition is modified accordingly.

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5.With this modification, this Civil Revision Petition is partly allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar(CS-IV) To:

The I Additional Subordinate Judge, Nagercoil.

+1CC to Mr.C.Sankar Prakash, Advocate, SR.No. 81822 +1CC to Mr.G.Aravinthan, Advocate, SR.No.81950 C.R.P.(PD)(MD).No.2292 of 2017 and C.M.P.(MD)No.11114 of 2017 03.09.2018 PNN ES/SKN/RSK/SAR 4/25.10.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/