ORDER :

Prayer :- Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 25.04.2019 passed by the learned II Additional District and Sessions Judge at Salem in I.A.No.182 of 2018 in O.S.No.162 of 2018 and allow the revision.

The Civil Revision Petition has been filed as against the fair and decreetal order dated 25.04.2019, passed by the learned II Additional District and Sessions Judge, Salem, in I.A.No.182 of 2018 in O.S.No.162 of 2018, thereby allowing the petition seeking interim maintenance under Section 24 of the Hindu Marriage Act r/w. Section 151 of C.P.C.

2. The petitioner is the husband and the respondent is the wife. The respondent filed suit in O.S.No.162 of 2018 seeking maintenance of Rs.12,00,000/- per annum, on the ground that she got married the petitioner on 19.08.1988 and due to their wedlock, they gave birth to one son. Thereafter, there was a misunderstanding between them as such, the petitioner failed to maintain the respondent. She was driven out from the matrimonial home and she is living with her brother. She could not able to maintain herself. Therefore, she filed suit claiming maintenance and other prayers. While pending the suit, the respondent also filed an application in I.A.No.182 of 2018 under Section 24 of the Hindu Marriage Act, seeking interim maintenance of Rs.50,000/- per month till the disposal of the suit. The said application was allowed as against which, the present Civil Revision Petition.

3. The learned counsel appearing for the petitioner submitted that suit itself is not maintenance before the civil Court and the civil Court has no jurisdiction to entertain the suit for seeking maintenance in favour of the petitioner and there is no cause of action for filing the suit itself. There was a family dispute between the petitioner and the respondent due to which she was driven out from the matrimonial home. She could not able to maintain herself and therefore, she filed suit seeking maintenance.

3.1. He vehemently contended that Section 7 of the Family Courts Act is very clear that any dispute between the husband and wife and prayer for declaration as to the validity of a marriage, suit between the parties to a marriage with respect to the property of the parties, suit arising out of marital relationship, suit for declaration as to the legitimacy of any person, suit for maintenance, suit relates to the guardianship of the person or the custody of any minor, the Family Courts got jurisdiction and no civil Court has jurisdiction to try the suit. He also pointed out that under Section 8 of the Family Courts Act, no district Court or any subordinate Civil Court referred to in sub-Section (1) of Section 7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the explanation to that sub-section. Therefore, the trial Court has no jurisdiction to entertain the suit that too claiming maintenance.

3.2. He further submitted that while pending the suit, the petitioner filed petition for divorce on the ground of cruelty in H.M.O.P.No.426 of 2019 on the file of the Family Court, Salem. While pending the divorce petition, the respondent filed petition in I.A.No.2 of 2022 seeking interim maintenance of Rs.50,000/- per month till disposal of the divorce petition and it is pending for enquiry after filing the counter. Therefore, he prayed to allow the present Civil Revision Petition.

4. Per contra, the learned counsel appearing for the respondent submitted that while pending the application seeking interim maintenance before the trial Court, there was a compromise between the parties on 18.03.2019. The trial Court passed an conditional order that the petitioner shall pay a sum of Rs.25,000/- per month towards interim maintenance. It is also made clear that on compliance of terms in the joint compromise dated 18.03.2019 and on execution and production of necessary documents into the Cou