IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, J.
N.Hepzhiba – Petitioner
Versus
P.Tennyson – Respondent
C.R.P.No.160 of 2023
Decided On : 25-01-2023
Constitution of India, 1950 – Article, 227 – Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction – Civil Revision Petition is filed to dispose of Maintenance Petition in I.A. – Due to misunderstanding, petitioner and respondent are living separately – Respondent filed I.D.O.P. for Divorce – In said application, petitioner / wife filed an application seeking maintenance in I.A – Held, If any prima facie case is made out for grant of maintenance, then Courts may grant interim maintenance till such time quantum of final maintenance is determined – If wife is unemployed and living separately with her mother or otherwise, then Courts may grant interim maintenance soon after applications are filed – Quantum of final maintenance can be determined after adjudication – Thus, Principal District Court, Vellore is directed to consider grant of interim maintenance without causing any undue delay and thereafter, dispose of maintenance application within a reasonable period of time – Petition dismissed.
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to disposal off the maintenance petition filed in I-A-No-4 of 2022 in I-D-O-P-No-116 of 2020 on the file of learned Principal District Judge, Vellore.
The Civil Revision Petition is filed to dispose of the Maintenance Petition in I.A.No.4 of 2022 in I.D.O.P.No.116 of 2020.
2. The marriage between the petitioner and the respondent was solemnised on 11.12.2019 as per the Christian Rites and Customs. Due to misunderstanding, the petitioner and the respondent are living separately. The respondent filed I.D.O.P.No.116 of 2020 for Divorce. In the said application, the petitioner / wife filed an application seeking maintenance in I.A.No.4 of 2022.
3. The learned counsel for the petitioner made a submission that Maintenance Petition in I.A.No.4 of 2022 is kept pending and adjournments are granted periodically. Docket orders relating to the Interlocutory Application reveals that several adjournments are granted without recording reasons.
4. Maintenance Petitions are to be disposed of as expeditiously as possible, since it involves livelihood of the wife. Unnecessary adjournments in Maintenance Petitions is to be avoided and adjournments are to be granted in the event of any genuine reasons. If any prima facie case is made out for grant of maintenance, then the Courts may grant interim maintenance till such time the quantum of final maintenance is determined. If the wife is unemployed and living separately with her mother or otherwise, then the Courts may grant interim maintenance soon after the applications are filed. Quantum of final maintenance can be determined after adjudication. Thus, the Principal District Court, Vellore is directed to consider the grant of interim maintenance without causing any undue delay and thereafter, dispose of the maintenance application within a reasonable period of time.
5. With these directions, the Civil Revision Petition in C.R.P.No.160 of 2023 stands dismissed. No costs.
The court upheld the order for interim maintenance, emphasizing the husband's duty to maintain his wife and child despite his unemployment.
The court upheld the interim maintenance order emphasizing the husband's financial capability despite claims of unemployment.
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