Madras High CourtCRP(MD)/876/2017dismissed

K.Karthik v. Muthuselvi

2017-04-20Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2017

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.R.P.(MD)No.876 of 2017 and C.M.P.(MD)No.3866 of 2017 K.Karthik .. Petitioner Vs.

Muthuselvi .. Respondents Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Order dated 25.10.2016 passed in I.A.No.24 of 2015 in H.M.O.P.No.1 of 2015 on the file of the Additional Sub Court, Tirunelveli.

For Petitioner :: Mr.P.Senthurpandian

O R D E R

This revision petition filed under Article 227 of the Constitution of India, is directed against the interim maintenance ordered by the Trial Court.

2.According to the revision petitioner, who is the petitioner in H.M.O.P.No.1 of 2015 filed for divorce, his wife has taken out application I.A.Nos.24 and 25 of 2015 for interim maintenance for herself and for their minor boy, aged three years. 3.In I.A.No.25 of 2015, the Trial Court has already ordered maintenance of Rs.3,000/- (Rupees Three Thousand only) per month for the minor boy. So far as I.A.No.24 of 2015 is concerned, the Trial Court has ordered Rs.6,000/- (Rupees Six Thousand only) per month for the wife of the petitioner, along with litigation cost of Rs.5,000/- (Rupees Five Thousand only).

4.The contention of the revision petitioner is that, the revision petitioner is a man of no means and the maintenance ordered is on the higher side.

5.On pursuing the impugned order, this Court finds that the Trial Court, has admittedly taken into account the property stands in the name of the revision petitioner and therefore fixed the interim maintenance at Rs.6,000/- (Rupees Six Thousand only) per month.

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6.This Court finds no error of jurisdiction or illegality to interfere with the said order, under Article 227 of Constitution of India. Hence, this revision petition is dismissed. Consequently, connected miscellaneous petition C.M.P.(MD)No.3866 of 2017 is also closed . No costs.

SD/- ASSISTANT REGISTRAR(C) /TRUE COPY/ SUB ASSISTANT REGISTRAR To The Additional Subordinate Judge, The Additional Subordinate Court, Tirunelveli.

GK/MM MAS/MR:05.05.2017:2P-2C C.R.P.(MD)No.876 of 2017 and C.M.P.(MD)No.3866 of 2017 20.04.2017 https://hcservices.ecourts.gov.in/hcservices/