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Madras High CourtCRP(MD)/1419/2024dismissed

M.Poolpandi v. P.Mala

2024-07-03Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03.07.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P(MD)No.8411 of 2024 M.Poolpandi ... Petitioner/Respondent/ Petitioner Vs.

P.Mala

...Respondent/Petitioner/

Respondent Civil Revision Petition is filed under article 227 of the Constitution of India, to call for the records pertaining to the order dated 19.02.2023 made in I.A.No.1 of 2023 in H.M.O.P.No.24 of 2021 on the file of the learned Sub Judge, Nanguneri by granting interim maintenance to the respondent and to set aside the same by allowing the civil revision petition.

For Petitioner :Mr.K.Ramamurthy

ORDER

The Civil Revision Petition is filed as against the order in I.A.No.1 of 2023 in H.M.O.P.No.24 of 2021 passed by the learned Subordinate Judge, Nanguneri.

2.On a perusal of the order impugned in the civil revision petition, it could be seen that the trial Court has ordered monthly maintenance of Rs.6,000/- per month and also a sum of Rs.12,000/- towards education expenses of the child. The said order is being assailed by the petitioner on the quantum. 3.According to the learned counsel for the petitioner, the petitioner's monthly income is only Rs.8,000/- and he has to take care of his aged parents. There are a huge medical expenses, which is incurred by the petitioner also.

4.The trial Court, after considering the fact that the petitioner is working in a car service centre, had awarded the

above said amount. When the trial Court itself has ordered only bearest minimum amount, there is no way this Court can reduce the quantum further and Rs.6,000/- in the current time itself is on the lower side and the Court cannot interfere with that quantum. 5.In view thereof, finding no merits, this Civil Revision Petition is dismissed. However, considering the plea made by the learned counsel for the petitioner, the trial Court is requested to dispose of the H.M.O.P.No.24 of 2021 as expeditiously as possible, in any event, not later than six months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

03.07.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns

D.BHARATHA CHAKRAVARTHY, J.

Ns To 1.The Sub Judge, Nanguneri.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

and C.M.P(MD)No.8411 of 2024 03.07.2024