S.Saravanan vs Vidhya
2023 Latest Caselaw 13965 Mad

                                                                                   C.M.A(MD)No.592 of 2023


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 17.10.2023

                                                         CORAM:

                              THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
                                                 AND
                                  THE HONOURABLE MR.JUSTICE P.B.BALAJI

                                              C.M.A(MD)No.592 of 2023
                                                        and
                                              C.M.P(MD)No.7683 of 2023



                     S.Saravanan                                ...Appellant


                                                        .vs.

                     Vidhya                                     ...Respondent



                     PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the
                     Family Courts Act, 1984 to set aside the impugned fair and
                     decreetal order passed in I.A.No.5 of 2022 in H.M.O.P.No.413 of
                     2020          dated   27.03.2023   on     the   file   of   the   Family     Court,
                     Tiruchirapalli.


                                       For Appellant              :Miss.A.Afritha Fathima
                                                                 for M/s.Ajmal Associates

                                       For Respondent            :Mr.A.Mathavan




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https://www.mhc.tn.gov.in/judis
                                                                                     C.M.A(MD)No.592 of 2023




                                                       JUDGMENT

*********

[Judgment of the Court was made by RMT.TEEKAA RAMAN.,J.]

This Civil Miscellaneous Appeal is directed againt fair and

decreetal order passed in I.A.No.5 of 2022 in H.M.O.P.No.413 of

2020, dated 27.03.2023 on the file of the Family Court,

Tiruchirapalli.

2. When the matter was came up for admission on

03.08.2023, this Court has granted an order of interim stay and

directed the appellant to deposit the arrears of maintenance from

October 2022 till date.

3. Today, when the matter is taken up for hearing, the learned

counsel appearing for the appellant represented that pursuant to

the order passed by this Court, dated 03.08.2023, arrears of

maintenance has been paid and the memo has also been filed after

serving the copy to the counsel for the respondent. The learned

counsel for the appellant seeks permission of this court to not press

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.592 of 2023

the appeal and also seeks positive direction to the learned Family

Court, Tiruchirapalli to dispose of I.A.No.5 of 2022 and H.M.O.P.No.

413 of 2020 in a time bound and she has also made an

endorsement to that effect. She further submits that an

interlocutory application filed by the husband for conducting DNA

test of the child, is also pending.

4. The learned counsel appearing for the respondent /

husband admitted the receipt of the maintenance amount.

5. Accordingly, this Civil Miscellaneous Appeal is dismissed as

not pressed. The Family Judge, Tiruchirapalli is hereby directed to

dispose of the Interlocutory Application seeking to conduct DNA test

within a period of eight weeks from the date of receipt of a copy of

this order. Thereafter, after receipt of the report of the DNA test,

the Family Judge, Tiruchirapalli is required to dispose of H.M.O.P.No.

413 of 2020 in the least possible time. No costs. Consequently,

connected miscellaneous petition is closed.

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.592 of 2023

6. The respondent/wife is permitted to withdraw the deposited

amount after filing necessary undertaking.

                                                               [T.K.R.,J.]    [P.B.B.,J.]
                                                                      17.10.2023


                     Index:Yes/No
                     Internet:Yes/No
                     NCC:Yes/No
                     am


                     To


                     The Family Court,
                     Tiruchirapalli.

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.592 of 2023

RMT.TEEKAA RAMAN,J.

AND P.B.BALAJI,J.

am

JUDGMENT MADE IN C.M.A(MD)No.592 of 2023

17.10.2023

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