V.P.Hariprakash vs A.T.Sundarambigai
2022 Latest Caselaw 17964 Mad

                                                                      C.M.A.(MD)No.1011 of 2022

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 01.12.2022

                                                       CORAM

                      THE HONOURABLE MR.JUSTICE R.MAHADEVAN
                                        and
                THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

                                            C.M.A.(MD) No.1011 of 2022
                                          and C.M.P.(MD) No.10030 of 2022

                V.P.Hariprakash                                              ... Appellant

                                                    Vs.

                A.T.Sundarambigai                                            ... Respondent

                Prayer: Civil Miscellaneous Appeal filed under Section 19 of Family
                Courts Act, 1984, praying to set aside the order dated 23.09.2022,
                passed in I.A.No.923 of 2022 in H.M.O.P.No.1129 of 2018 passed by
                the Family Court, Madurai.


                                  For Appellant            : Mr.N.Sathish Babu

                                  For Respondent           : Mr.D.Nallathambi

                                                          ***
                                                   JUDGMENT

(Judgment of the Court was delivered by R.MAHADEVAN, J.)

The Civil Miscellaneous Appeal has been filed by

the appellant/husband, challenging the order dated 23.09.2022,

passed in I.A.No.923 of 2022 in H.M.O.P.No.1129 of 2018, passed by

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1011 of 2022

the Family Court, Madurai, directing the appellant herein to pay

50% of arrears amount to the respondent herein on or before

30.10.2022 and to pay the balance 50% of arrears amount on or

before 30.11.2022, towards the arrears of monthly maintenance and

litigation expenses, failing which, the entire proceedings would be

struck off.

2. Heard Mr.N.Sathish Babu, learned counsel for the

appellant and Mr.D.Nallathambi, learned counsel for the

respondent.

3. Today, when the matter was taken up for hearing,

learned counsel for the appellant submitted that the appellant has

paid 50% of the arrears amount to the respondent and the appellant

undertakes to pay the balance 50% of the arrears amount in two

consecutive monthly instalments i.e., on 01.01.2023 and 01.02.2023

and continue to pay the monthly maintenance as directed by the

Family Court and he also sought a direction to the Family Court for

early disposal of H.M.O.P.No.1129 of 2018, for which, the learned

counsel for respondent has no objection.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1011 of 2022

4. Recording the said submissions of the learned

counsel for the appellant, this Civil Miscellaneous Appeal stands

disposed of with a direction to the appellant to pay the balance 50%

of the arrears amount to the respondent in two consecutive monthly

instalments i.e., on 01.01.2023 and 01.02.2023 and continue to pay

the monthly maintenance as directed by the Family Court and with

a further direction to the Family Court, Madurai, to dispose of

H.M.O.P.No.1129 of 2018 on merits and in accordance with law

within a period of four weeks from the date of receipt of a copy of

this judgment. No costs. Consequently, connected Miscellaneous

Petition is closed.

                                                [R.M.D., J.]    [J.S.N.P., J.]
                                                         01.12.2022
                Internet : Yes / No
                Index    : Yes / No
                sj

                Copy to

                The Judge,
                Family Court,
                Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1011 of 2022

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD, J.

sj

C.M.A.(MD) No.1011 of 2022

01.12.2022

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