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2010 Supreme(Mad) 2622

G.RAJASURIA
V. Gnanasekaran – Appellant
Versus
Maheswari @ Banu – Respondent


Advocates Appeared:
For the Petitioner:M.G. Harikrishnan, Advocate.
For the Respondent:K. Santhakumari, Advocate.

Judgment :-

1. Inveighing the order dated 14.10.2009, passed in I.A.No.586 of 2008 in HMOP No.1536 of 2001 by the Principal Family Court, Chennai, this civil revision petition is focussed.

2. Heard both sides.

3. A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of this revision petition would run thus:

The revision petitioner filed O.P.No.1536 of 2001 seeking divorce as against the respondent in this case. During the pendency of the said O.P. an application under Sections 24 and 26 of the Hindu Marriage Act, 1955 was filed and interim maintenance was awarded. It appears there were arrears in paying maintenance. Subsequently, the Family Court dismissed the O.P. for default. Thereafter, I.A.No.586 of 2008 was filed under Section 5 of the Limitation Act to get the delay of 1161 days condoned in filing the application to get the dismissed O.P. restored to file. Whereupon, the Family Court vide the order dated 14.10.2009, mandated that on payment of Rs.50,000/- on or before 05.11.2009, already awarded towards arrears of interim maintenance, the delay would be condoned. However, such payment was not made. But this revision has been filed











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