The petitioner has filed an application in I.A.No.446 of 2017 in I.A.No.541 of 2014 for condoning the delay of 35 days in filing set aside petition. The said application was allowed by the learned Family Court on the condition that the petitioner shall pay 1/3 of the interim maintenance amount till the date of order and half of the litigation expenses. Challenging the above said order, the present Civil Revision has been filed.
2. According to the petitioner, the condition imposed by the Court below is very onerous. The said order is passed by the Court below without giving any opportunity to the petitioner. Further, the Counsel for the petitioner submits that the petitioner is unable to pay the conditional amount and the petitioner is an agriculturist having annual income of Rs.72,000/- and is aged about 60 years. Therefore, he has filed the Civil Revision Petition before this Court.
3. The learned counsel for the respondent submits that the petitioner has filed an application with false averments. Therefore the petitioner's application has to be dismissed. The learned counsel for the respondent would further submit that the learned trial Judge has recorded that the statement made by the petitioner that he was bedridden and therefore he could not contact his counsel was found to be false. The learned counsel for the petitioner would submit that the order of the trial Court does not warrant any interference.
4. The learned counsel for the petitioner reiterated the contention taken before the trial Court that the petitioner was bedridden and therefore he could not contact his counsel and file a counter affidavit. However, the learned counsel undertakes to pay a sum of Rs.75,000/- (Rupees seventy five thousand only) as interim maintenance to the respondent within a period of four weeks subject to outcome in I.A.No.541 of 2014.
5. In view of the statement made by the learned counsel for the petitioner, the order passed by the lower Court insofar as imposing condition is modified as follows:
i) The petitioner is directed to pay a sum of Rs.75,000/- to the respondent herein within a period of four weeks from the date of receipt of a copy of this order; and
ii) if the petitioner furnish the receipt for payment of Rs.75,000/- (Rupees Seventy five thousand only) to the respondent, the learned Family court is directed to dispose of the I.A.No.541 of 2014 within a period of four weeks.
D. KRISHNAKUMAR J.
rli
6. The Civil Revision Petition is allowed with above observations.
No costs. Consequently, the connected miscellaneous petition is closed.
20.11.2017 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No rli To The learned Judge, Family Court, Vellore.
CRP.NPD.No.4203 of 2017 and CMP.No.19715 of 2017