IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.09.2008
Coram
The Honourable Mr.Justice S.RAJESWARAN
C.R.P.(PD) No.3023 of 2008
and
M.P.No.1 of 2008
G.Kanchana ... Petitioner
Vs.
S.Ganesan ... Respondent
This Civil Revision Petition has been filed under Article 227 of the Constitution of India to direct the II Additional Judge, Family Court, Chennai to take up I.A.S.R.No.580 of 2006 kept pending on the file of O.P.No.2581 of 2008 and dispose of the same.
For Petitioners : M/s.A.Arulmozhi
O R D E R
This Civil Revision Petition has been filed by the petitioner to direct the II Additional Judge, Family Court, Chennai to take up I.A.S.R.No.580 of 2006 kept pending on the file of O.P.No.2581 of 2008 and dispose of the same.
2. The respondent/wife in O.P.No.2581 of 2006 is the revision petitioner before this Court. The O.P.No.2581 of 2006 has been filed by the respondent herein/husband for divorce. Pending O.P. an application in I.A.SR.No.580 of 2008 has been filed by the petitioner/wife for interim maintenance. The said application has been kept pending on the file of II Additional Judge, Family Court, Chennai without even being numbered. However, the main O.P. is being proceeded with. Hence, the above civil revision petition has been filed for a limited prayer of seeking direction from this Court to the II Additional Judge, Family Court, Chennai for early disposal of the I.A.SR.No.580 of 2008 filed by the petitioner/wife for maintenance.
3. I have heard the learned counsel appearing for the petitioner and I have also gone through the documents filed in support of her submissions.
4. The learned counsel appearing for the petitioner submits that the petitioner/wife is aged about 50 years and the respondent/husband is aged about 56 years. At that stage the respondent/husband has filed the petition in O.P.No.2581 of 2006 for divorce before the II Additional Judge, Family Court, Chennai. It is stated that the petitioner/wife was getting a maintenance amount of Rs.5,000/-p.m. from the respondent/husband on his own volition. But, suddenly the respondent/husband reduced the maintenance amount from Rs.5,000/- to Rs.2,000/-. Therefore, She filed an application in I.A.SR.No.580 of 2008 for interim maintenance of Rs.6,000/-. The said application has been kept pending in SR stage without even numbering the same. Notwithstanding that the Family Court is proceeding with the main O.P. for divorce. Hence, she has filed the above civil revision petition for a limited prayer seeking direction from this Court directing the II Additional Judge, Family Court, Chennai to dispose of the I.A.SR.No.580 of 2008 before proceeding with the main O.P. for divorce.
5. It is settled law that when a petition is filed under Section 24 of the Hindu Marriage Act for maintenance a duty is cost upon the Family Court to pass orders in the application on merits before proceeding with the main O.P. Hence, I direct the II Additional Judge, Family Court, Chennai to number the I.A.SR.No.580 of 2008 filed by the petitioner/wife for maintenance first and dispose of the same within one month on merits and in accordance with law and thereafter to decide the main O.P.No.2581 of 2006 filed for divorce.
S.RAJESWARAN,J.
rrg
6. In the result, the civil revision petition is allowed. No costs. Consequently, connected M.P.No.1 of 2008 is closed.
10.09.2008
rrg
Index : Yes/No
Internet: Yes/No
To
The II Additional Judge,
Family Court,
Chennai.
CRP(PD).No.3023 of 2008
