THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
Civil Miscellaneous Appeal No.714 of 2014
Mr.P.Poovazhagan Mrs.Hemalatha @ Mythili -Vs-
.. Appellant .. Respondent Civil Miscellaneous Appeal filed u/s.19 of the Family Court Act, against the order and decreetal order dated 18.09.2013 passed in I.A.No.945 of 2013 in O.P.No.3756 of 2012 on the file of the II Additional Family Court, Chennai.
For Appellant : Mr.K.S.Duraipandi For Respondent : Ms.S.Viji *****
J U D G M E N T
[Judgement of the Court was delivered by C.T.SELVAM, J.] This Civil Miscellaneous Appeal arises against the order dated 18.09.2013 passed in I.A.No.945 of 2013 in O.P.No.3756 of 2012 on the file of the learned II Additional Family Court, Chennai.
2. Owing to disputes between appellant/husband and respondent/wife, the appellant/husband has filed O.P.No.3756 of 2012 under Section 13(i) (ia) of the Hindu Marriage Act seeking dissolution of marriage that took place between both of them on 11.06.2003 on the ground of cruelty. Pending the said O.P., respondent/wife has preferred I.A.No.945 of 2013, seeking interim maintenance and litigation expenses under Section 24 of the Hindu Marriage Act. Court below, by impugned order dated 18.09.2013, allowed the said I.A., directing the appellant/husband to pay a sum of Rs.4,000/- per month to the respondent/wife and minor child towards interim maintence from the date of the petition and also the appellant/husband was directed to pay a sum of Rs.5,000/- towards litigation expenses. Court below further ordered that appellant/husband shall pay the maintanence to the respondent/wife on or before 5th of every English calendar month and also directed the arrears of maintainence should be paid immediately. Challenging the order passed in the said I.A., appellant/husband is preferred this Civil Miscellaneous Appeal.
3. Heard learned counsel for appellant and learned counsel for respondent.
4. Taking into consideration the facts and circumstances of the case, this Court is of the view that it would be appropriate and accordingly directs the appellant/husband to pay a sum of Rs.3,000/- per month towards interim maintainence from the date of filing of I.A., till the date of disposal of the main O.P. Court below is directed to dispose of the main O.P.No. 3756 of 2012, within a period of two months from the date of receipt of a copy of this judgement. Arrears, if any, towards interim maintanence shall paid within a period of one month from the date of receipt of a copy of this judgment.
5. With the above observations and directions, this Civil Miscellaneous Appeal is disposed of. No costs.
Index:yes/no Speaking/Non-speaking Order kmi Note: Issue Order Copy on 10.11.2017.
To
1. The II Additional Family Court, Chennai.
2. The Section Officer, V.R.Section, High Court, Chennai-104.
[C.T.S., J] [M.V.M., J] 07.11.2017
C.T.SELVAM, J
and M.V.MURALIDARAN, J
kmi
Civil Miscellaneous Appeal No.714 of 2014
07.11.2017