Disposed

S.Vijayarahavan v. v.Sumathi

Madras HC25 Feb 2020CRL RC/1315/2019

Case brief

AI extract

What is this about?

The court directed the Family Court, Chengalpattu to dispose of a pending main maintenance case on merits within three months. It directed the petitioner to continue paying interim maintenance of Rs. 2,500 per month to the respondents without default. The criminal revision case and connected miscellaneous petition were disposed of.

What did the court decide?

Ordering Family Court to decide main maintenance case on merits within three months; directing petitioner to pay Rs. 2,500 interim maintenance until then.

S.Vijayarahavan Vs v.Sumathi — Maintenance and Alimony | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.02.2020

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CORAM

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN

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Crl.R.C.No.1315 of 2019

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and

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Crl.M.P.No.17749 of 2019

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S.Vijayarahavan ..Petitioner/Respondent/Respondent

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Vs. 1.V.Sumathi 2.Master V.Rudrahari (Rep. by his mother and natural Guardian Mrs.Sumathi ..Respondents/Petitioners/Petitioners Prayer:- Criminal Revision Case filed under Section 397 read with 401 of Cr.P.C. against the order dated 24.09.2019 in C.M.P.No.142 of 2019 in M.C.No.8 of 2019 by the Family Court, Chengalpattu.

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For Petitioner : Mr.S.Arivazhagan For Respondents : Mr.S.Sairaman ORDER

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The order dated 24.09.2019 passed by the learned Judge, Family Court, Chengalpattu, in Crl.M.P.No.142 of 2019 in M.C.No.8 of 2019, fixing the interim maintenance at Rs.3,000/per month in favour of the first respondent /wife and Rs.2,000/per month in favour of the 2^nd respondent / son, is under challenge, at the instance of the petitioner / husband, by way of the present Criminal Revision Case.

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2.By order dated 28.11.2019, this Court has granted an order of interim stay on condition that the petitioner shall deposit 50% of the arrears of interim maintenance as awarded by the Family Court, Chengalpattu, from the date of petition to 01.12.2019, within a period of four weeks and further continue to pay Rs.2,500/- as interim maintenance to the respondents, on or before the 5^th of every succeeding English Calender month.

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https://hcservices.ecourts.gov.in/hcservices/

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3.When the matter was called today, the learned Counsel for the petitioner submitted that the petitioner has duly complied with the aforesaid order passed by this Court and he is regularly paying the interim maintenance at the rate of Rs.2,500/- per month to the respondents. The said submission was agreed by the learned counsel for the respondents. It is also submitted by the learned counsel on either side that the main maintenance case pending on the file of the Family Court, Chengalpet, may be directed to be disposed of, within a time frame to be stipulated by this Court.

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4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the Family Court, Chengalpet to dispose of the case in M.C.No.8 of 2019, on merits and in accordance with law, after affording due opportunity to both the parties, within a period of three months from the date of receipt of a copy of this order. In the meantime, the petitioner shall continue to pay Rs.2,500/- to the respondents on or before 5^th of every succeeding English calender month, without any default.

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5.Accordingly, this criminal revision case stands disposed of. Consequently, connected Miscellaneous Petition is closed. Sd/Assistant Registrar //True Copy// Sub Assistant Registrar kas To The Family Court, Chengalpattu. +1cc to Mr.S.Sairaman, Advocate, S.R.No.16467/2020 Crl.R.C.No.1315 of 2019 and Crl.M.P.No.17749 of 2019 VGI(CO) RN(04/06/2020)

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https://hcservices.ecourts.gov.in/hcservices/

S.Vijayarahavan v. v.Sumathi

Case brief

What is this about?

What did the court decide?

S.Vijayarahavan v. v.Sumathi

Case brief

What is this about?

What did the court decide?

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