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Madras High CourtCRP(MD)/1458/2018dismissed

Sivakumar S/O.Kathiresan, v. Chitra,

2018-09-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP(MD)No.1458 of 2018 (PD) and CMP(MD)No.6495 of 2018 Sivakumar ...Revision Petitioner/Respondent/ 2nd Defendant Vs.

1.Chitra 2.Minor.Ramachandran 3.Minor.Ukrashan Hari ... Respondents/Petitioners/Plaintiffs (Minor respondents rep.by their mother, the 1st respondent) Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A No.109 of 2015 in O.S No.3 of 2014 dated 02.04.2018 on the file of the Additional District Court, Virudhungar at Srivilliputhur.

For Petitioner : Mr.S.Mahalakshmi For Respondents : Mr.M.Ashok Kumar

ORDER

The revision petitioner is the second defendant in O.S No.3 of 2014 on the file of the Additional District Court, Virudhungar at Srivilliputhur. The revision petitioner got married to the first respondent herein on 07.12.1998 and the plaintiffs 2 and 3 were born through the said wedlock. The suit has been filed for directing the revision petitioner to pay a sum of Rs.20,000/- per month as maintenance and for other reliefs. During the pendency of the suit, the plaintiffs filed I.A No.109 of 2015 for interim maintenance. The court below by order dated 02.04.2018 directed the revision petitioner to pay a sum of Rs.10,000/- per month to the plaintiffs. It is this order that is challenged in this civil revision petition.

2.Heard the learned counsel on either side.

3.This Court notes that a sum of Rs.10,000/- represents the maintenance amount not only for the wife but also for the two minor children. This Court taking into account the cost of living is https://hcservices.ecourts.gov.in/hcservices/

of the view that the amount awarded by the court below cannot be said to be excessive by any standard. There is no merit in this civil revision petition. This civil revision petition stands dismissed. The suit is of the year 2014. Therefore, the court below is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is also stands dismissed. Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Additional District Judge, Virudhungar at Srivilliputhur.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1CC to Mr.M.Ashok Kumar, Advocate, SR.No.86092 CRP(MD)No.1458 of 2018 (PD) and CMP(MD)No.6495 of 2018 20.09.2018 SKM ES/SKN/RSK/SAR4/25.10.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/