Madras High CourtCRP(MD)/2776/2024dismissed

Sambath v. Santhi

2024-11-04Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2024

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI C.R.P(MD)No.2776 of 2024 and CMP(MD).No.15675 of 2024 Sambath : Revision Petitioner / respondent Vs.

Santhi : Respondent / petitioner PRAYER:

Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order made in I.A.No.1 of 2019 made in HMOP.No.23 of 2018, dated 05.06.2024 on the file of the Sub Court, Devakottai.

For Petitioner : Ms.K. Kaleeswaran

ORDER

This Civil Revision Petition has been filed against the fair and decreetal order, dated 05.06.2024 made in I.A.No.1 of 2019 in HMOP.No. 1/4

23 of 2018, on the file of the Sub Court, Devakottai.

2. The respondent herein, who is the wife of the revision petitioner, seeking for an order of divorce filed a petition in HMOP.No.23 of 2018 on the file of the Sub Court, Devakottai. During the pendency of the said petition, she has filed an application in I.A.No.1 of 2019 seeking for maintenance a sum of Rs.15,000/- per month and Rs.20,000/- for litigation expenses. The learned Subordinate Judge, Devakkottai has ordered a sum of Rs.5,000/- per month as interim maintenance and Rs.10,000/- for litigation expenses. Aggrieved by the same, the present Civil Revision Petition is preferred by the revision petitioner / husband.

3. Heard the learned counsel for the petitioner and perused the materials available on record.

4. It is not in dispute that the petitioner herein is working as a Supervisor in the Private Company on daily wages basis. On perusal of the impugned order it is seen that after considering the arguments of the learned counsel on either side and the documents produced by the revision petitioner, the learned Subordinate Judge has ordered nominal amount as 2/4

maintenance, which requires no interference. Hence, this Court decides that the above Civil revision petition is devoid of merits and the same is liable to be dismissed.

5. Accordingly, this Civil Revision Petition is dismissed. Since it is represented that the revision petitioner is also suffering from financial crisis, the revision petitioner is directed to pay arrears of maintenance to the respondent in two installments within a period of three months from the date of receipt of a copy of this order and also directed to pay the interim monthly maintenance on or before 10th day of every English Calender month without fail. No costs. Consequently, the connected Miscellaneous Petition is closed.

04.11.2024 Index : Yes / No Internet : Yes/ No trp To The Sub Court, Devakottai.

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K. GOVINDARAJAN THILAKAVADI, J., trp C.R.P(MD)No.2776 of 2024 and CMP(MD).No.15675 of 2024 04.11.2024 4/4