Madras High Court
Ganesamoorthy vs Uma Devi on 17 October, 2022
C.R.P.No.3118 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
C.R.P.No.3118 of 2022
and
C.M.P.No.16758 of 2022
Ganesamoorthy
... Petitioner
..Vs.
1.Uma Devi
2.Harita
3.Bharanitharan
... Respondents
Civil Revision Petition filed under Article 227 of Constitution of
India to set aside the judgment and decree dated 21.07.2022 made in
I.A.No.9 of 2020 in O.S.No.3 of 2018 made by the learned Family Court at
Villupuram and allow the said Application in I.A.No.9 of 2020 in O.S.No.3
of 2018 on the file of the learned Family Court at Villupuram.
For Petitioner : Mr.M.Stalin
For Respondent : Mr.C.Munusamy, for Caveator
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C.R.P.No.3118 of 2022
ORDER
This Civil Revision Petition has been filed challenging the order
passed by the Court below dismissing the petition to condone the delay of
386 days in filing a petition seeking to set aside the ex-parte decree for
maintenance passed against the petitioner.
2. The respondents namely wife and children of the petitioner herein
filed a original suit in O.S.No.3 of 2018 seeking maintenance. The said suit
was decreed ex-parte on 30.09.2019 by directing the petitioner to pay a sum
of Rs.20,000/- (Rupees Twenty Thousand Only) per month to the
respondents towards maintenance. The petitioner herein filed a petition
seeking to set aside ex-parte decree along with the petition to condone the
delay of 386 days in filing the petition seeking to set aside ex-parte decree.
The said petition came to be dismissed by the Court below on the ground
that the petitioner failed to explain the delay properly.
3. When this civil revision petition was taken up for hearing, the
learned counsel for the respondents submitted that he has no objections for
allowing the revision in order to give an opportunity to the petitioner to
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C.R.P.No.3118 of 2022
conduct the suit on merits. However, the learned counsel for the respondent
requested this Court to direct the petitioner to pay a portion of the decreetal
amount namely Rs.7,50,000/- (Rupees Seven Lakhs and Fifty Thousand
Only) on or before 04.11.2022 as a condition for allowing the revision
petition.
4. In view of the consensus reached between the learned counsel for
the petitioner and the respondent, this Civil Revision Petition is allowed on
condition that the petitioner is paying a sum of Rs.7,50,000/- (Rupees Seven
Lakhs and Fifty Thousand Only) to the respondents on or before
04.11.2022. The petitioner is permitted to take demand draft in the name of
the first respondent and hand over the same to the learned counsel for the
respondents within the said period.
5. In case, if the petitioner failed to pay the amount within the time
stipulated, the Civil Revision Petition stands automatically dismissed. It is
made clear that the amount paid by the revision petitioner, in pursuance of
the order passed by this Court, is without prejudice to the rights of the
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C.R.P.No.3118 of 2022
parties.
6. The suit is of the year 2018. Taking into consideration the fact and
circumstances of the case, the Court below is directed to dispose of the
petition filed by the revision petitioner to set aside the ex-parte decree
within a period of four weeks from the date of receipt of copy of this order.
In case the ex-parte decree is set aside, the Court below is directed to
dispose of the suit within a period of six months from thereafter.
7. This Civil Revision Petition is allowed. Consequently, the
connected miscellaneous petition is also closed. There shall be no order as
to costs.
17.10.2022
Index:Yes/No
Speaking Order:Yes/No
nsa
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C.R.P.No.3118 of 2022
To
1.The Family Court,
Villupuram.
2.The Section Officer,
V.R.Section,
High Court, Madras.
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C.R.P.No.3118 of 2022
S.SOUNTHAR, J.
nsa
C.R.P.No.3118 of 2022
and
C.M.P.No.16758 of 2022
17.10.2022
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