J.Bharath Kumar v. v.Mercy
Case brief
What is this about?
The High Court set aside an order granting Rs.1.6 lakh as wife's travel expenses for hearings, finding the trial court erred in allowing the claim without recorded reasons or proof of attendance, characterizing it as a mechanical decree.
What did the court decide?
Set aside the order dated 29.10.2018 granting Rs.1,60,000 towards alimony pendente lite and dismissed the consequent connected miscellaneous petition.
What the court decided
CRP.No.3157 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRP.No.3157 of 2019 and CMP.No.20600 of 2019
J.Bharath Kumar
... Petitioner
Vs. V.Mercy ... Respondent
PRAYER : Civil Revision petition is filed under Article 227 of the Constitution of India to set aside the fair and decretal order dated 29.10.2018 passed by the learned Principal District Judge at Thiruvallur in IA.No.647 of 2017 in IDOP.No.15 of 2015.
For Petitioner : Mr.D.Bennington
For Respondent : No appearance
Issues for consideration
2 issues framed by the court
Whether maintenance order passed without recorded reasons and on insufficient material can be set aside under Article 226.
Whether the High Court can intervene when the family court mechanically allowed a petition for wife's travel expenses without any speaking order.
Parties & counsel
- petitioner
J.Bharath Kumar
- respondent
V.Mercy
Coram
G.K.ILANTHIRAIYAN
Case details
As recorded by the court registry
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