Madras High Court
Sahaya Siluvai Pio Sumithra vs Maria Franklin Canisius on 13 December, 2021
C.R.P.(MD) No.1211 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.12.2021
CORAM :
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P.(MD) No.1211 of 2017
and
C.M.P.(MD) No.5758 of 2017
Sahaya Siluvai Pio Sumithra ... Petitioner
vs.
Maria Franklin Canisius ... Respondent
PRAYER:- This Petition is filed under Article 227 of the Constitution of India,
to set aside the order dated 15.02.2017 passed in I.A.No.251 of 2014 in
IDOP.No.155 of 2014 on the file of the Principal District Court, Thoothukudi.
For Petitioner : Mr.M.P.Senthil
For Respondent : Mr.R.J.Karthick
ORDER
The petitioner/wife is the revision petitioner before this Court. She seeks
to challenge the order passed in I.A.No.251 of 2014 in IDOP.No.155 of 2014 in
and by which her petition seeking maintenance of Rs.20,000/- and legal
expenses of Rs.25,000/- has been partly allowed, wherein, maintenance of Rs.
2,000/- per month each for the petitioner and her minor son and expenses of Rs.
1,000/- has been ordered.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.1211 of 2017
2.The learned counsel appearing for the respondent would submit that the
petitioner has been ordered to receive a sum of Rs.5,000/- for herself and
another sum of Rs.5,000/- for her minor son in addition to the order passed in
M.C.No.1 of 2015 by the orders of the learned 1st Additional Sessions Judge,
Thoothukudi in Cr.M.P.No.60 of 2018. Therefore, the petitioner is receiving two
sets of maintenance amount.
3.The learned counsel appearing for the petitioner would submit that in
the light of the judgment reported in 2021 0 AIR (SC) 569 (Rajnesh Vs. Neha
and another), the Hon'ble Supreme Court was called upon to consider the
inconsistencies in the orders passed by the Courts directing maintenance under
the different enactments. The Hon'ble Supreme Court considered the same
extensively and issued guidelines in this regard and guidelines were provided
with reference to the overlapping of jurisdiction, payment of interim
maintenance, criteria for determining the quantum of maintenance, the date
from which the maintenance has to be awarded and an enforcement/execution of
the orders of maintenance.
4.In the light of the above judgment, this Civil Revision Petition is
allowed and I.A.No.251 of 2014 is remitted back to the learned Principal
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C.R.P.(MD) No.1211 of 2017
District Judge, Tuticorin to rehear and pass orders in the above application
taking into account the guidelines laid in the above referred judgment. The said
exercise shall be completed within a period of one month from the date of
receipt of a copy of this order. No costs. Consequently, connected miscellaneous
petition is closed.
Index : Yes / No 13.12.2021
Internet : Yes / No
mm
To
The Principal District Judge,
Tuticorin.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.1211 of 2017
P.T.ASHA, J.
mm
C.R.P.(MD) No.1211 of 2017
13.12.2021
https://www.mhc.tn.gov.in/judis
