Mahesh, v. Selvi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)No.8586 of 2022 & 5184 of 2023 R.Mahesh ...Appellant /Vs./ Selvi

...Respondent

PRAYER:- Appeal - filed under Section 19 of the Family Court Act, to set aside the fair and decreetal order dated 21.06.2022 passed in I.A.No.3 of 2022 in HMOP No.104 of 2021 on the file of the Judge, Family Court of Tirunelveli by allowing the above appeal.

For Appellant : Mr.V.Sakthivel For Respondent : Mr.T.Selvan for Mr.V.Malaiyendran 1/6

JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.) The Civil Miscellaneous Appeal is listed under a special list today.

2. Read this order in conjunction with and in continuation of order dated 07.08.2023, which reads as follows: "In light of the order dated 26.05.2023 dismissing HMOP No.104 of 2021 for default, prima facie nothing appears to survive in this matter.

2. At request of the learned counsel for the petitioner to obtain instructions, list on 09.08.2023."

3. Today, the learned counsel for the appellant confirms that there has been an order passed on 26.05.2023 dismissing HMOP No.104 of 2021 for default and that order has not been challenged further and as on date, that order has become final, though the party is contemplating seeking restoration.

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4. Be that as it may, when there is a dismissal of HMOP No. 104 of 2021, nothing survives in this civil miscellaneous appeal and the same is closed, recording the aforesaid position.

5. As regards maintenance, which was ordered in June, 2022 with effect from January, 2022, admittedly, there are arrears of maintenance amount for a sum of Rs.48,000/- as on date (total quantification of Rs.68,000/- less the sum of Rs.20,000/-, which was ordered to be paid by this Court on 19.01.2023, which has been complied).

6. Learned counsel for the appellant, on instructions, states that the amount will be settled in two installments of Rs.24,000/- each.

7. Considering the aforesaid submission, the arrears amount of Rs.48,000/- shall be settled in two installments of Rs.24,000/- each; the first installment be paid on 31.08.2023 and the second installment be 3/6

paid on 31.09.2023. No costs. Consequently, connected Miscellaneous Petitions are closed.

[A.S.M.J.,] & [R.V.J.,] 09.08.2023 NCC :Yes/No Index :Yes/No Internet :Yes sm 4/6

TO:

1.The Family Court, Tirunelveli.

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

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DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

sm Judgment made in Dated:

09.08.2023 6/6