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Madras High CourtCRP(MD)/2138/2018dismissed

P.Palpandian, v. Indirani,

2018-09-28Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)No.2138 of 2018 P.Palpandian ... Revision Petitioner/Respondent/ Respondent vs.

Indirani ... Respondent/Petitioner/Petitioner PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records and set aside the order of the learned Single Judge in I.A.No.35 of 2017 claiming interim maintenance in HMOP.No.158 of 2015 on the file of the learned Subordinate Judge, Srivilliputhur dated 13.04.2018. For Petitioner : Ms.Chamundi Bose

ORDER

The petitioner herein instituted H.M.O.P.No.158 of 2015 before the Sub Court, Srivilliputhur for dissolving his marriage with the respondent. In the said HMOP, the respondent filed I.A.No.35 of 2017 claiming interim maintenance. The Court below allowed the said IA and directed the petitioner to pay a sum of Rs.7,500/- per month.

2. This Court is of the view that the said amount cannot be said to be excessive. However, it is submitted by the learned counsel appearing for the revision petitioner that the revision petitioner has also been directed to pay maintenance amount to the respondent in M.C.No.55 of 2015 on the file of the Family Court, Srivilliputhur. The amount being paid by the revision petitioner in terms of the said MC order will have to be given due credit against the amount directed to be paid in terms of the impugned order. It is seen that the HMOP was filed in the year 2015. The Sub Court, Srivilliputhur is directed to dispose of H.M.O.P.No.158 of 2015 on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.

3. With these observations and direction, the order impugned in this Civil Revision Petition is sustained and the Civil Revision Petition stands dismissed. No Costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-III) https://hcservices.ecourts.gov.in/hcservices/

To

1. The Subordinate Judge, Srivilliputhur.

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

+ 1 CC TO Ms.Chamundi Bose, ADVOCATE IN SR NO.87688 PJL MK/KK/RSK/SAR 3/28.12.2018/2P/5C C.R.P.(MD)No.2138 of 2018 28.09.2018 https://hcservices.ecourts.gov.in/hcservices/