Madras High CourtCRP(MD)/2658/2018disposed of

C.Rajam @ Rajalekshmi, F/A 28 v. T.Kannan, M/A 34 Yrs.,

2019-06-27Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2019 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P(PD)(MD)No.2658 of 2018 and CMP(MD)No.11669 of 2018 C.Rajam @ Rajalekshmi ... Petitioner/Petitioner/ Respondent vs.

T.Kannan ... Respondent/Respondent/Petitioner Prayer:

Petition filed under Article 227 of the Constitution of India, against the order made in I.A.No.8 of 2016 in HMOP.No.155 of 2015 dated 19.12.2016 by the learned I Additional Subordinate Judge, Nagercoil, Kanyakumari District.

For Petitioner : Mr.S.Palani Velayutham For Respondent : Mr.N.Dilip Kumar

ORDER

Against the order of maintenance at Rs.1,500/- per month as against the claim of Rs.10,000/- and the disallowed claim of Rs.25,000/- towards litigation expenses, this revision is filed by the wife/petitioner.

2.Today, when the matter is taken up for hearing, learned counsel for the respondent/husband would state that as the petitioner was suffering from psychiatric problem from day one, there was no consummation of marriage, but the respondent being a Junior Assistant, the learned Judge has awarded the maintenance of Rs.1,500/- per month.

3.The present revision petition was filed on 23.11.2018. In my considered opinion, ends of justice would be met if Rs.5,000/- is granted towards interim maintenance from the date of filing of this revision petition and Rs.10,000/- towards litigation expenses, for which, learned counsel on both sides are agreeable. 4.Therefore, the impugned order dated 19.12.2016 is modified to the effect that the respondent shall pay a sum of Rs.5,000/- per month towards maintenance from the date of filing of this revision petition namely, 23.11.2018 and a sum of Rs.10,000/- https://hcservices.ecourts.gov.in/hcservices/

towards litigation expenses. The arrears of maintenance from 23.11.2018 till July 2019 shall be paid within four weeks from the date of receipt of a copy of this order and from August 2019, the respondent shall continue to pay the monthly maintenance at Rs.5,000/- on or before the 10th of every English Calendar month until the disposal of HMOP.No.155 of 2015. The learned Judge is directed to dispose of HMOP.No.155 of 2015 within a period of six months from the date of receipt of a copy of this order. With the above direction, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // Sub Assistant Registrar(CS) To The I Additional Subordinate Judge, Nagercoil, Kanyakumari District.

+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-71920[F] dated 27/06/2019 ) +1 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-72276[F] dated 28/06/2019 ) BALA C.R.P(PD)(MD)No.2658 of 2018 27.06.2019 KM/(19.07.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/