R.Kanaga Varatharajan vs N.Vimala
2023 Latest Caselaw 1914 Mad

                                                                                 C.R.P(MD).No.608 of 2023


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 06.03.2023

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN
                                              C.R.P(MD).No.608 of 2023
                                                       and
                                              CMP(MD)No.2791 of 2023


                  R.Kanaga Varatharajan                        ... Petitioner/ Respondent/Petitioner

                                                         Vs.

                  N.Vimala                                     ... Respondent/Petitioner/Respondent

                  PRAYER:- This Civil Revision Petition has been filed under Article 227 of
                  the Constitution of India, to set aside the judgment and decree passed in
                  I.C.No.1 of 2022 in H.M.O.P.No.39 of 2022 on the file of the Sub-Judge,
                  Tenkasi, dated 30.09.2022 by allowing this Civil Revision Petition.
                                       For petitioner    : Mr.T.A.Ebebezer


                                                         ORDER

This Civil Revision Petition has been filed by the petitioner to set aside

the judgment and decree passed in I.A.No.1 of 2022 in H.M.O.P.No.39 of

2022 on the file of the Sub-Judge, Tenkasi, dated 30.09.2022, by allowing

this Civil Revision Petition.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.608 of 2023

2.The petitioner herein is the petitioner in H.M.O.P.No.39 of 2022 on

the file of the Sub-Court, Tenkasi. The said proceedings has been initiated by

the petitioner against the respondent/wife to dissolve the marriage and to

direct the respondent to pay the costs of the proceedings and for such other

incidental relief in the said HMOP. The respondent herein filed I.A.No. 1 of

2022 in H.M.O.P.No.39 of 2022 on the file of the Sub-Court, Tenkasi. for

interim maintenance of Rs.25,000/-.

3.The case of the petitioner is that interim maintenance of Rs.10,000/-

that has been awarded by the learned Sub Judge, Tenkasi, was exorbitant

considering the fact that the petitioner's annul income is only Rs.1,84,000/-

and that the respondent was gainfully employed as a Assistant Professor in a

private Educational institution. It is further submitted that despite of several

requests by the petitioner asking the respondent to lead the life happily in the

matrimonial home, the respondent threatened the petitioner that she would be

commit suicide. Therefore, the petitioner should not be forced to pay a sum

of Rs.10,000/- towards maintenance as that has been ordered by the Sub

Judge, Tenkasi.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.608 of 2023

4.I have considered the argument advanced by the learned counsel for

the petitioner. There is no merits in the present Civil Revision Petition. The

learned Sub-Judge, Tenkasi, shall however endeavour to expedite the trial in

H.M.O.P.No.39 of 2022 bring a close to the said proceeding within a period

of 18 months from the date of receipt of a copy of this orders. No costs.

Consequently, the connected miscellaneous petition is closed.

06.03.2023

NCC : Yes/No Index : Yes/No Internet:Yes/No dss

To

1.The Sub-Judge, Tenkasi.

2.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.608 of 2023

C.SARAVANAN,J.

dss

C.R.P(MD).No.608 of 2023 and CMP(MD)No.2791 of 2023

06.03.2023

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