Dismissed

R. Kanaga Varatharajan v. N. Vimala

Madras HC6 Mar 2023CRP(MD)/608/2023

Case brief

AI extract

What is this about?

A civil revision petition challenging an interim maintenance order in matrimonial proceedings was dismissed. The High Court held there were no merits in the revision but directed the Sub-Judge to try the main matrimonial case to conclusion within 18 months.

What did the court decide?

Civil Revision Petition dismissed with a direction to the Sub-Judge to conclude the trial within 18 months.

R. Kanaga Varatharajan Vs N. Vimala — Maintenance and Alimony | Madras HC (2023)

¶1

C.R.P(MD).No.608 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 06.03.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE C.SARAVANAN

¶6

C.R.P(MD).No.608 of 2023 and CMP(MD)No.2791 of 2023

¶7

R.Kanaga Varatharajan ... Petitioner/ Respondent/Petitioner

¶8

Vs.

¶9

N.Vimala

¶10

... Respondent/Petitioner/Respondent

¶11

PRAYER:- This Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the judgment and decree passed in I.C.No.1 of 2022 in H.M.O.P.No.39 of 2022 on the file of the Sub-Judge, Tenkasi, dated 30.09.2022 by allowing this Civil Revision Petition.

¶12

For petitioner : Mr.T.A.Ebebezer

¶13

ORDER

¶14

This Civil Revision Petition has been filed by the petitioner to set aside the judgment and decree passed in I.A.No.1 of 2022 in H.M.O.P.No.39 of 2022 on the file of the Sub-Judge, Tenkasi, dated 30.09.2022, by allowing this Civil Revision Petition.

¶15

1/4 https://www.mhc.tn.gov.in/judis

¶16

C.R.P(MD).No.608 of 2023

¶17

2.The petitioner herein is the petitioner in H.M.O.P.No.39 of 2022 on

¶18

the file of the Sub-Court, Tenkasi. The said proceedings has been initiated by the petitioner against the respondent/wife to dissolve the marriage and to direct the respondent to pay the costs of the proceedings and for such other incidental relief in the said HMOP. The respondent herein filed I.A.No. 1 of 2022 in H.M.O.P.No.39 of 2022 on the file of the Sub-Court, Tenkasi. for interim maintenance of Rs.25,000/-.

¶19

3.The case of the petitioner is that interim maintenance of Rs.10,000/that has been awarded by the learned Sub Judge, Tenkasi, was exorbitant considering the fact that the petitioner's annul income is only Rs.1,84,000/and that the respondent was gainfully employed as a Assistant Professor in a private Educational institution. It is further submitted that despite of several requests by the petitioner asking the respondent to lead the life happily in the matrimonial home, the respondent threatened the petitioner that she would be commit suicide. Therefore, the petitioner should not be forced to pay a sum of Rs.10,000/- towards maintenance as that has been ordered by the Sub Judge, Tenkasi.

¶20

2/4 https://www.mhc.tn.gov.in/judis

¶21

C.R.P(MD).No.608 of 2023

¶22

4.I have considered the argument advanced by the learned counsel for the petitioner. There is no merits in the present Civil Revision Petition. The learned Sub-Judge, Tenkasi, shall however endeavour to expedite the trial in H.M.O.P.No.39 of 2022 bring a close to the said proceeding within a period of 18 months from the date of receipt of a copy of this orders. No costs. Consequently, the connected miscellaneous petition is closed.

¶23

06.03.2023

¶24

NCC : Yes/No Index : Yes/No Internet:Yes/No dss

¶25

¶26

1.The Sub-Judge, Tenkasi. 2.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

¶27

3/4 https://www.mhc.tn.gov.in/judis

¶28

C.R.P(MD).No.608 of 2023

¶29

C.SARAVANAN,J.

¶30

dss

¶31

C.R.P(MD).No.608 of 2023 and CMP(MD)No.2791 of 2023

¶32

06.03.2023

¶33

4/4 https://www.mhc.tn.gov.in/judis

R. Kanaga Varatharajan v. N. Vimala

Case brief

What is this about?

What did the court decide?

R. Kanaga Varatharajan v. N. Vimala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/s.Star Health and Alied Insurance Co.Ltd., Vs The Assistant Commissioner of Income Tax

Intellect Design Arena Limited Vs Mindgate Solutions Pvt.Ltd.

M/S. Kamal Book House Vs the Chairman, Pon Vidhyashram Cbse Schools

A. Chockalingam (Died), 1. C. Meenakshi, Vs B. Seethalakshmi

J. Devi, Vs S. Ajithkumar

P. Tamilselvan Vs S. Kannan