Dismissed

A.Saravanan v. P.Samayaparvathi

Madras HC20 Aug 2019CRP/4289/2014

Case brief

AI extract

What is this about?

The Madras High Court dismissed the petitioner's revision challenging the Family Court's direction to pay maintenance arrears. Noting the petitioner's non-payment and lack of settlement inclination, mediation was rejected. The Court directed the Family Judge to dispose of the pending suit within six months.

What did the court decide?

Civil Revision Petition dismissed; lower court directed to dispose of pending matrimonial suit within six months.

A.Saravanan Vs P.Samayaparvathi — Maintenance and Alimony | Madras HC (2019)

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CRP (PD) No.4289 of 2014

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.08.2019

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CORAM

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THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

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CRP (PD)No.4289 of 2014
and
M.P. No.1 of 2014
A. Saravanan ... Petitioner
Vs
P. Samayaparvathi ... Respondent
Civil Revision Petition filed under Article 227 of Constitution of
India, to set aside the docketal order dated 8.4.2014 passed by the II
Additional Family Court, Chennai in H.M.O.P. No.3430 of 2009.
For Petitioner : Mr.P.K.Ganesh
For Respondent : Ms.B. Saranya
ORDER

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The instant Civil Revision Petition has been filed challenging the docket order dated 8.4.2014 passed by the learned II Additional Family Judge, Chennai in H.M.O.P. No.3430 of 2009.

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CRP (PD) No.4289 of 2014

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Brief facts leading to the filing of the instant Civil Revision Petition filed under Article 227 of the Constitution of India.

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The petitioner filed H.M.O.P. No.3430 of 2009, which is now pending on the file of the II Additional Family Court, Chennai, seeking restitution of conjugal rights against the respondent, who is his wife. In the said H.M.O.P., a counter claim was filed by the respondent-wife against the petitioner-husband in I.A. No.1485 of 2012 seeking for divorce and permanent alimony. Pending the counter claim, the respondent had also sought for interim maintenance from her husband-petitioner in I.A. No.356 of 2011 in H.M.O.P. No.3430 of 2009.

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By order dated 20.01.2012, the learned II Additional Family Judge, Chennai directed the petitioner to pay a sum of Rs.3,000/- p.m. towards interim maintenance to the respondent and also directed the petitioner to pay Rs.5,000/- as litigation expenses. Despite the said order, the petitioner, did not comply with the same and the respondent filed a memo before the II Additional Family Court on 14.03.2014 stating that the arrears of maintenance has not been paid by the petitioner to the respondent. By order dated 14.03.2014, after recording the memo filed by the respondent, the II Additional Family

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CRP (PD) No.4289 of 2014

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Court, Chennai directed the petitioner to pay the arrears of maintenance amounting to Rs.1,16,000 (Rs.1,11,000/- + Rs.5,000) to the respondent. Thereafter, the learned II Additional Family Judge by a docket order, dated 08.04.2014 directed the petitioner to pay the respondent not less than a sum of Rs.25,000/- towards arrears of interim maintenance, payable by the petitioner to the respondent, in compliance with the earlier order dated 20.01.2012 passed by this

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Court.

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Aggrieved by the aforesaid direction given by the II Additional Family Court, Chennai by its docket order dated 8.4.2014, directing the petitioner to pay a sum of Rs.25,000/- to the respondent as arrears of maintenance, the instant Civil Revision Petition has been filed under Article 227 of the Constitution of India.

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Heard Mr.P.K. Ganesh, learned counsel for the petitioner and

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Ms.B. Saranya, learned counsel for the respondent.

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At the outset, this Court put a question to the learned

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counsel for the petitioner as to whether any maintenance amount has been paid by the petitioner-husband to the respondent-wife, for which, 3/6

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CRP (PD) No.4289 of 2014

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the learned counsel for the petitioner fairly admitted that till date no maintenance amount has been paid by the petitioner to the respondent. However, he submits that there is a possibility of settlement and hence he requested this Court to refer the matter to the Mediation Centre. Today, the case is listed under the caption "for dismissal", due to the non appearance of the petitioner or his counsel in previous two hearing dates. This matter has been listed before this Court on several occasions earlier and, for the first time, a submission has been made by the learned counsel for the petitioner that there is a possibility of settlement.

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Considering the repeated adjournments granted, this Court is

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of the considered view that no useful purpose will be served, if the matter is referred to the Mediation, since, it is an admitted fact that no interim maintenance amount has been paid by the petitioner-husband to the respondent-wife, who is also having the custody of a child, and admittedly till date, the child is maintained only by the respondent.

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Any resort to mediation at this stage will further aggrievate the agony of the wife as the petitioner-husband does not seem to have inclination to pay any maintenance amount to the respondent-wife.

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CRP (PD) No.4289 of 2014

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Considering all these factors, this Court is of the considered

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view that there is no merit in this revision. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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In view of the long pendency of the H.M.O.P. No.3430 of 2009, the learned II Additional Family Judge, Chennai is directed to dispose of the same, within a period of six months from the date of receipt of a copy of this order.

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20.08.2019 Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order vsi2 To The II Additional Family Judge, Chennai.

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ABDUL QUDDHOSE, J.

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A.Saravanan v. P.Samayaparvathi

Case brief

What is this about?

What did the court decide?

A.Saravanan v. P.Samayaparvathi

Case brief

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What did the court decide?

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