Dismissed

S.Prabhakaran v. S.Shanmugapriya

Madras HC25 Jan 2021CRL RC/41/2021

Case brief

AI extract

What is this about?

High Court heard a civil revision petition challenging a divorce decree and interim maintenance order passed by the Family Court in Coimbatore. The court dismissed the revision due to lack of perversity or illegality and directed payment of arrears.

What did the court decide?

Petitioner directed to pay entire arrear amount within one month and monthly maintenance as directed by Family Court; connected miscellaneous petition closed.

S.Prabhakaran Vs S.Shanmugapriya — Maintenance and Alimony | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 25.01.2021

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CORAM:

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THE HONOURABLE MR. JUSTICE P.VELMURUGAN

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Crl.R.C.No.41 of 2021

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and

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Crl.M.P.No.541 of 2021

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S.Prabhakaran S/o.Sukumaran ...Petitioner/Respondent Vs S.Shanmugapriya D/o.Sivaraj ...Respondent/Petitioner

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PRAYER: Criminal Revision case filed under Article 397 r/w 401 of Criminal Procedure Code to set aside judgment and decree dated 21.11.2020 made in M.C.No.14 of 2016 on the file of the Additional Principal Family Judge at Coimbatore.

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For Petitioner : No appearance

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For Respondent : No appearance

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ORDER

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This Criminal Revision case has been filed under Section 397 r/w 401 of Cr.P.C. to set aside judgment and decree dated 21.11.2020 made in M.C.No.14 of 2016 on the file of the Additional Principal Family Judge at Coimbatore.

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No representation for the petitioner and the respondent.

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3.The respondent/wife has filed a petition in H.M.O.P.No. 66 of 2016 for divorce on the ground of cruelty and the petitioner/husband has filed a petition in H.M.O.P.No.1520 of 2015 for restitution of conjugal rights. During the pendency of the above said petitions, the respondent/wife has filed a case in M.C.No.14 of 2016 for interim maintenance under Section 125 of Cr.P.C. The Family Court after conducting the enquiry,

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

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allowed the petition filed by the respondent/wife and granted decree of divorce and dismissed the petition filed by the petitioner/husband for restitution of conjugal rights and also allowed the M.C. No. 14 of 2016 and directed the petitioner/husband herein to pay a sum of Rs.10,000/- per month for maintenance. Now challenging the said order in M.C.No.14 of 2016, the petitioner has filed the present Revision Petition before this Court.

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4.The respondent/wife has stated in the petition that the petitioner/husband is working as a Maths Lecture in a Government Polytechnic College and also running tuition center in the name and style of "Focus Tuition Centre" and earning a sum of Rs. 60,000/- per month and the respondent/wife is having no sufficient means to maintain herself. In these circumstance, the petitioner has not filed any affidavit showing his income capacity.

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5.Considering the facts and circumstance of this case, this court has not find any perversity or illegality or infirmity in the order passed by the family Court. Accordingly, the Civil Revision petition is dismissed in the admission stage itself. The petitioner/husband is directed to pay the entire arrear amount to the respondent/wife within a period one month from the date of receipt of copy of this order and shall pay a monthly maintenance as directed by the family Court, failing which, the Family Court is directed to execute the order passed in accordance with law without any further delay. Consequently, the connected miscellaneous petition is closed.

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Sd/Assistant Registrar(CS VI) Sub Assistant Registrar

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//True Copy// Sub Assistant Registrar tta To 1. The Additional Principal Family Judge at Coimbatore. +1cc to Mr.K. MYILSAMY, Advocate, S.R.No.4410 PVS(CO) SM/24/02/2021 Crl.R.C.No.41 of 2021

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

S.Prabhakaran v. S.Shanmugapriya

Case brief

What is this about?

What did the court decide?

S.Prabhakaran v. S.Shanmugapriya

Case brief

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What did the court decide?

What the court decided

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