Madras High CourtCRP(MD)/2016/2024partly allowed

Sivakumar v. Shanthini

2024-09-20Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.11476 of 2024 Sivakumar ... Petitioner/Respondent/Petitioner Vs.

Shanthini ... Respondent/Petitioner/Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 23.04.2024 in I.A.No.1 of 2023 in H.M.O.P.No.98 of 2022 on the file of the learned Subordinate Court, Thuraiyur.

For Petitioner : Mr.J.Madhu For Respondent : Mr.K.Prakash * * *

O R D E R

Heard both sides.

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2.The petitioner got married to the respondent on 20.01.2016. A male child was born on 04.09.2017. Their marital relationship came under strain. The petitioner field H.M.O.P.No.98 of 2022 on the file of Sub Court, Thuraiyur for dissolving the marriage. In the said H.M.O.P., the respondent herein filed I.A.No.1 of 2023 seeking interim maintenance under Section 24 of the Hindu Marriage Act, 1955. The Court below vide order dated 23.04.2024 directed the petitioner herein to pay a sum of Rs.25,000/- per month. Challenging the same, this civil revision petition came to be filed. 3.The learned counsel for the revision petitioner states that the revision petitioner is earning a sum of Rs.40,000/- per month. The petitioner is based in Chennai. Obviously, the cost of living at Chennai is higher.

The respondent is residing with her parents at Thuraiyur. The child is also with the respondent. 4.The petitioner has come to forward to take care of the educational expenses of the child. The petitioner undertakes to pay the school fee directly to the institution concerned. This undertaking given by the petitioner is placed on record.

sum of Rs.16,000/- as interim maintenance to the respondent. The impugned order is accordingly modified and the civil revision petition is partly allowed. No costs. Consequently, connected miscellaneous petition is closed. 20.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ias To:

The Sub Court, Thuraiyur.

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G.R.SWAMINATHAN, J.

ias 20.09.2024 4/4