The Madurai Bench reduced interim maintenance from Rs. 5,000 to Rs. 3,000 in a divorce case, acknowledging the husband's existing criminal court obligation, and directed the trial court to decide the divorce petition by year-end.
Interim maintenance reduced from Rs. 5,000 to Rs. 3,000 pending disposal of the divorce petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(MD).No.2627 of 2014 (PD)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P.(MD).(PD).No.2627 of 2014 and MP(MD).No.1 of 2014
S.Suryan ... Petitioner
-vs-
S.Gandhimathi ... Respondent
PRAYER: The Civil Revision Petition has been filed under Article 227 of Constitution of India, to call for the records relating with the fair order and ex-order dated 11.10.2014 made in I.A.No.25 of 2013 in HMOP.No.117 of 2012 on the file of the Subordinate Judge, Uthamapalayam and set aside the same.
For Petitioner : Mr.R.Suriya Narayanan For Respondent : Mr.S.Ramasamy O R D E R
The present revision petition has been filed by the husband
challenging the order of interim alimony granted by the Subordinate Court,
Uthamapalaym in HMOP.No.117 of 2012.
1/6
C.R.P.(MD).No.2627 of 2014 (PD)
2.The revision petitioner herein had filed HMOP.No.117 of 2012
seeking the relief of divorce. Pending the said petition, the wife had filed I.A.No.25 of 2013 seeking interim maintenance.
3.The trial Court after considering the submissions made on either side, passed an order directing the respondent to pay maintenance of Rs.5,000/- per month. Challenging the said order, the present revision petition has been filed by the husband.
4.The learned counsel for the revision petitioner submits that already proceedings have been initiated by the wife before the Judicial Magistrate, Uthamapalayam in which a sum of Rs.2,000/- has been directed to be paid. According to the petitioner, he is regularly paying the said maintenance amount. Therefore, demand of another sum of Rs.5,000/would cause him great difficulty.
5.Per contra, the learned counsel appearing for the respondent/wife had contended that the award of maintenance before the Criminal Court in M.C.No.21 of 2005 cannot be taken into consideration
2/6
C.R.P.(MD).No.2627 of 2014 (PD)
at the time of passing of the interim maintenance in the present HMOP.
6.Heard the learned counsel appearing on either side and perused
the material records.
7.Considering the fact that the husband is already paying a sum of Rs.2,000/- pursuant to the order of the Criminal Court, this Court finds that it would be in the interest of justice to reduce the interim alimony from Rs.5,000/- to Rs.3,000/-.
8.In view of the above said facts, the order dated 11.10.2014 made in I.A.No.25 of 2013 is hereby partly set aside to the extent that the interim maintenance is reduced from Rs.5,000/- to 3,000/-. In respect of other aspects, the order passed in the said I.A. stands confirmed. The petitioner is directed to pay Rs.2,000/- arising out of the order in the Criminal Court and another sum of Rs.3,000/- arising out of the order made in the present revision petition pending disposal of HMOP.No.117 of 2012.
9.Since HMOP is of the year 2012, the learned Subordinate
3/6
C.R.P.(MD).No.2627 of 2014 (PD)
Judge, Uthamapalayam is directed to dispose of the petition on or before 31.12.2023.
10.With the above observations, this Civil Revision Petition is partly allowed to the extent as stated above. No costs. Consequently, connected miscellaneous petition is closed.
14.08.2023.
Index : Yes/No Internet : Yes/No NCC : Yes/No msa
To
1.The Subordinate Judge, Uthamapalayam
2.The Judicial Magistrate,Uthamapalaym
3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
4/6
C.R.P.(MD).No.2627 of 2014 (PD)
R.VIJAYAKUMAR, J
msa
order made in C.R.P.(MD).(PD).No.2627 of 2014 and MP(MD).No.1 of 2014
5/6
C.R.P.(MD).No.2627 of 2014 (PD)
14.08.2023
6/6
3 issues framed by the court
Whether the interim maintenance order of Rs. 5,000 per month should be reduced considering the husband's existing obligation to pay Rs. 2,000 per month under a criminal court order.
Whether the civil revision petition challenging the interim maintenance order should be allowed, dismissed, or remanded.
Whether the subordinate court is directed to dispose of the pending divorce petition by a specified deadline.
2 provisions across 1 enactments
S. Suryan
S. Gandhimathi
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
