Dismissed

Venkatesan v. Nithya

Madras HC20 Feb 2019CRP/601/2019

Case brief

AI extract

What is this about?

This was a civil revision petition under Article 226 of the Constitution of India challenging an interim maintenance order. The High Court found the lower court's order reasonable and dismissed the petition, directing the learned Subordinate Judge to ensure conciliation was held.

What did the court decide?

Civil Revision Petition dismissed; Connected Miscellaneous Petition closed; Subordinate Judge directed to post case for conciliation.

Venkatesan Vs Nithya — Maintenance and Alimony | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 20.02.2019

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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C.R.P.(PD).No.601 of 2019
and
C.M.P.No.4024 of 2019
Venkatesan ...Petitioner
Vs
Nithya ...Respondent
PRAYER: Civil Revision Petition filed under Article 227 of
Constitution of India, to set aside the fair and decreetal order
passed by the learned Subordinate Judge, Omalur, Salem District
dated 27.08.2018 in I.A.No.36 of 2018 in H.M.O.P.No.121 of
2018.

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For Petitioner : Mr.G.Muthukumar

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http://www.judis.nic.in

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ORDER

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The above Civil Revision Petition is filed challenging the order passed by the learned Subordinate Judge, Omalur, Salem District, in I.A.No.36 of 2018 in H.M.O.P.No.121 of 2018, in and

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by which the learned Judge has directed the revision petitioner to pay a sum of Rs.5,000/- towards interim maintenance to the respondent/wife from the date of filing the petition and a sum of Rs.5,000/- towards litigation expenses as against the request of a sum of Rs.15,000/- per month for interim maintenance and a

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sum of Rs.15,000/- towards litigation expenses.

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2.The petitioner, in her affidavit filed in support of Section

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24 application, has given details of various sources from which her husband is deriving income. The only answer to the said application was that the petitioner was unemployed which appeared to be an objection taken for the purpose of the petition.

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http://www.judis.nic.in

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3.Be that as it may, the revision petitioner/husband is duty

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bound to maintain his wife and the Lower Court has just ordered a sum of Rs.5,000/- per month towards interim maintenance which in the opinion of this Court is very reasonable and it would just be enough for the wife to maintain herself with the basic necessities. I find no infirmity in the order of the learned Subordinate Judge, Omalur, Salem District.

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4.This Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

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submit that there no conciliation was initiated by the learned Subordinate Judge, Omalur and if the parties had participated in conciliation, things would be sorted out.

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http://www.judis.nic.in

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Considering the above, while dismissing the application, this

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Court directs the learned Subordinate Judge, Omalur, Salem District, to post the H.M.O.P. for conciliation within a week of

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receipt of a copy of production of this order.

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20.02.2019
Index : Yes/No
Internet : Yes/No
mps
To
The Subordinate Judge,
Omalur,
Salem District.

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http://www.judis.nic.in

P.T. ASHA, J,

mps

C.R.P.(PD).No.601 of 2019
and
C.M.P.No.4024 of 2019
20.02.2019

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http://www.judis.nic.in

Venkatesan v. Nithya

Case brief

What is this about?

What did the court decide?

Venkatesan v. Nithya

Case brief

What is this about?

What did the court decide?

What the court decided

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