Madras High Court
R.Mahesh vs Selvi on 9 August, 2023
C.M.A.(MD)No.892 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.08.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A.(MD)No.892 of 2022
and
C.M.P.(MD)No.8586 of 2022 & 5184 of 2023
R.Mahesh ...Appellant
/Vs./
Selvi ...Respondent
PRAYER:- Appeal - filed under Section 19 of the Family Court Act, to
set aside the fair and decreetal order dated 21.06.2022 passed in I.A.No.3
of 2022 in HMOP No.104 of 2021 on the file of the Judge, Family Court
of Tirunelveli by allowing the above appeal.
For Appellant : Mr.V.Sakthivel
For Respondent : Mr.T.Selvan
for Mr.V.Malaiyendran
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.892 of 2022
JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH, J.)
The Civil Miscellaneous Appeal is listed under a special list
today.
2. Read this order in conjunction with and in continuation of
order dated 07.08.2023, which reads as follows:
“In light of the order dated 26.05.2023
dismissing HMOP No.104 of 2021 for default, prima facie
nothing appears to survive in this matter.
2. At request of the learned counsel for the
petitioner to obtain instructions, list on 09.08.2023.”
3. Today, the learned counsel for the appellant confirms that
there has been an order passed on 26.05.2023 dismissing HMOP No.104
of 2021 for default and that order has not been challenged further and as
on date, that order has become final, though the party is contemplating
seeking restoration.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.892 of 2022
4. Be that as it may, when there is a dismissal of HMOP No.
104 of 2021, nothing survives in this civil miscellaneous appeal and the
same is closed, recording the aforesaid position.
5. As regards maintenance, which was ordered in June, 2022
with effect from January, 2022, admittedly, there are arrears of
maintenance amount for a sum of Rs.48,000/- as on date (total
quantification of Rs.68,000/- less the sum of Rs.20,000/-, which was
ordered to be paid by this Court on 19.01.2023, which has been
complied).
6. Learned counsel for the appellant, on instructions, states
that the amount will be settled in two installments of Rs.24,000/- each.
7. Considering the aforesaid submission, the arrears amount
of Rs.48,000/- shall be settled in two installments of Rs.24,000/- each;
the first installment be paid on 31.08.2023 and the second installment be
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.892 of 2022
paid on 31.09.2023. No costs. Consequently, connected Miscellaneous
Petitions are closed.
[A.S.M.J.,] & [R.V.J.,]
09.08.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
sm
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.892 of 2022
TO:
1.The Family Court, Tirunelveli.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.892 of 2022
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
sm
Judgment made in
C.M.A.(MD)No.892 of 2022
Dated:
09.08.2023
https://www.mhc.tn.gov.in/judis
