Dr.A.Calvin D Cruz vs S.R.Arumai Samarpana
2022 Latest Caselaw 1392 Mad

                                                                               C.M.A.No.3609 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 28.01.2022

                                                            CORAM

                                   THE HONOURABLE MR.JUSTICE T.RAJA
                                                 and
                          THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                              C.M.A.No.3609 of 2021 and
                                               C.M.P. No.21132 of 2021


                   Dr.A.Calvin D Cruz                                        ... Appellant

                                                        vs

                   S.R.Arumai Samarpana                                             ...
                   Respondent


                   Prayer: Civil Miscellaneous Appeal filed under Section 19 of the
                   Family Courts Act, 1984 against the order dated 07.10.2021 made in
                   I.A. No.157 of 2021 in I.D.O.P. No.45 of 2021 on the file of the
                   Judge, Family Court, Villupuram.
                                     For Appellant      :     Ms.Y.Kavitha

                                     For Respondent     :     Ms.N.Lalitha


                                                        JUDGMENT

[Judgment of this Court was delivered by T.RAJA, J.]

When the matter is taken up for hearing, learned counsel

appearing for the appellant submitted that the appellant has paid

Rs.50,000/- towards arrears of mainenance, which shall be payable

for six months, as per the conditional order dated 05.01.2022 passed

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

C.M.A.No.3609 of 2021

by this Court and he would pay Rs.20,000/- towards monthly

maintenance for January and February 2022 on or before 05.02.2022

and he will continue to pay the monthly maintenance at Rs.10,000/-

from the month of March 2022 on or before 5th of every English

calender month until further orders to be passed by the Family Court,

Villupuram.

2.Learned counsel for the respondent agreed for the said

factum made by the learned counsel for the appellant.

3.Fully satisifed with the submissions made by both the learned

counsel, we are inclined to dispose of this appeal with certain

directions.

Accordingly, this appeal stands disposed of and the appellant is

directed to pay Rs.20,000/- towards monthly maintenance for the

month of January and February 2022 on or before 05.02.2022 and

the appellant is further directed to continue to pay the monthly

maintenance at Rs.10,000/- from the month of March 2022 on or

before the 5th day of every English calender month until further

orders to be passed by the Family Court, Villupuram.

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C.M.A.No.3609 of 2021

4.Since both the parties have not filed their affidavit of assets

and liabilities before the Family Court, Villupuram, we direct the

parties to file their affidavit of assets and liabilities before the Family

Court, Villupuram within a period of four weeks from today. On

receipt of the same, the Family Court, Villupuram shall consider the

same and dispose of the I.D.O.P. No.45 of 2021, on merits and in

accordance with law, preferably within a period of three months from

the date of receipt of a copy of this order. Consequently, C.M.P.

No.21132 of 2021 stands closed. No costs.

                                                                [T.R.,J.]        [D.B.C.,J.]
                                                                        28.01.2022
                   vga
                   Index: Yes/No

Note: Issue order copy on 31.01.2022

To

1.The Family Court, Villupuram.

2.The Section Officer, V.R. Section, High Court, Madras.

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

C.M.A.No.3609 of 2021

T.RAJA,J.

and D.BHARATHA CHAKRAVARTHY,J.

vga

C.M.A.No.3609 of 2021 and C.M.P. No.21132 of 2021

28.01.2022

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