T.V.Sathyanarayana vs S.Dhanalakshmi
2023 Latest Caselaw 7260 Mad

                                                                                C.M.A.No.3212 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 28.06.2023

                                                          CORAM

                           THE HON'BLE MRS. JUSTICE J.NISHA BANU
                                            AND
                     THE HON'BLE MR. JUSTICE D.BHARATHACHAKRAVARTHY

                                                  C.M.A.No.3212 of 2014
                                                          and
                                                    M.P.No.1 of 2014


                     T.V.Sathyanarayana                                    ... Appellant
                                                            Vs.

                     S.Dhanalakshmi                                        ...Respondent

                                  Civil Miscellaneous Appeal filed under Section 19 of the Family

                     Court Act, against the Fair and decreetal order dated 28.06.2012 in

                     I.A.No.3349 of 2008 in HMOP.No.2657 of 2008 on the file of the II

                     Additional Family Court, Chennai.

                                       For Appellant     : Mr.P.Srinivas

                                       For Respondent : No appearance
                                                    JUDGMENT

Today, when the matter is taken up for hearing Mr.P.Srinivas,

learned counsel for the appellant reports no instruction. The name of the

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appellant is also printed in the cause list.

2. We see that the C.M.A. is only against the interim maintenance.

Therefore, even though notice is not served on the respondent/wife, we

proceeded to take up the matter and dispose of the same on merits.

3. It is seen that this Civil Miscellaneous Appeal is filed in the

year 2012 and thereafter, it was numbered as C.M.A/No.3212 of 2014.

The order impugned in the C.M.A. was ordered on 28.06.2012 by the

learned II Additional Family Court, Chennai in I.A.No.3349 of 2008 in

O.P.No.2657 of 2008. The order, in the interlocutory application, is

ordered directing to pay interim maintenance of a sum of Rs.5,000/- each

to the respondent/wife and her child towards maintenance. Therefore,

considering the quantum of maintenance ordered, we find no ground to

interfere with the same.

4. In the result, the Civil Miscellaneous Appeal is dismissed. The

order of the II Additional Family Court, Chennai dated 28.06.2012 made

in I.A.No.3349/2008 in HMOP.NO.2657/2008, is confirmed. The II

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Additional Family Court, Chennai is directed to take up the main

O.P.No.2657/2008 for disposal as early as possible and dispose of the

same on merits and in accordance with law, in any event, not later than

three months from the date of receipt of a copy of this order. It is open to

the respondent/wife to file appropriate application for realisation of the

entire arrears of maintenance amount, if it remains unpaid.

                                                                  (J.N.B,J.)    (D.B.C, J.)
                     Index        : Yes / No                            28.06.2023
                     Internet     : Yes
                     vsi




                     To
                     II Additional Family Court,
                     Chennai.

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J. NISHA BANU, J.

and D.BHARATHA CHAKRAVARTHY,J.

vsi

C.M.A.No.3212 of 2014

28.06.2023

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