Madras High CourtCRP(MD)/2309/2024dismissed

Dr.G.Sathiesh v. Arivu Malar

2024-09-26Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P(MD)No.13077 of 2024 Dr.G.Sathiesh ... Petitioner / Respondent / Respondent / Respondent Vs.

Arivu Malar ... Respondent / Appellant / Petitioner / Petitioner Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the judgment dated 17.04.2024 passed in Crl.A.No.230 of 2023 on the file of the learned Additional Sessions Judge, Karur reversing the order dated 19.09.2023 passed in C.M.P.No. 355 of 2022 in D.V.O.P.No.18 of 2022 on the file of learned Judicial Magistrate / Additional Mahila Court, Karur.

For Petitioner : Mr.M.P.Senthil For Respondent : Mr.P.Gunasekaran 1/4

ORDER

Heard both sides.

2.The petitioner is the husband of the respondent. The respondent filed D.V.O.P.No.18 of 2022 on the file of the learned Judicial Magistrate / Additional Mahila Court, Karur under the provisions of the Protection of Women from Domestic Violence Act, 2005. She filed C.M.P.No.355 of 2022 seeking interim reliefs. The trial Magistrate granted residential order but denied the relief of interim maintenance. Aggrieved by the same, the wife filed Crl.A.No.230 of 2023 before the Additional Sessions Judge, Karur. The appellate Court vide order dated 17.04.2024 directed the petitioner to pay a sum of Rs.30,000/- (Rupees Thirty Thousand only) per month towards interim maintenance. Questioning the said order, this Civil Revision Petition came to be filed.

3.The petitioner is an ortho surgeon. He is also running a hospital. A sum of Rs.30,000/- cannot be said to be excessive by any standard. Interference with the impugned order is not warranted. The petitioner is however given five months time from today to clear the arrears in 4 equal 2/4

monthly installments. With the aforesaid installment facility to the petitioner, this impugned order is sustained. 4.This Civil Revision Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

26.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Additional Sessions Judge, Karur.

2.The Judicial Magistrate / Additional Mahila Court, Karur.

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G.R.SWAMINATHAN, J.

MGA and C.M.P(MD)No.13077 of 2024 26.09.2024 4/4