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2023 Supreme(Mad) 3032

SATHI KUMAR SUKUMARA KURUP
Ruthramurthy – Appellant
Versus
Sathiya Priya – Respondent


Advocates:
For the Petitioner:S.P. Yuaraj, Advocate. For the Respondents:R4, V. Jeevagiridharan, Additional Government Pleader (CS), R1 to R3, R. Nalliyappan, Advocate.

JUDGMENT

(Prayer: Petition filed under Article 227 of the Constitution of India, against the order in P.O.P.No. 3 of 2013 dated 22.11.2019 on the file of the learned Family Court Judge, Salem.

1. This Civil Revision Petition is filed by the Revision Petitioner, who is the 1st Respondent in P.O.P.No.3 of 2013 and the Defendant in O.S.No.35 of 2019.

2. It is the case of the Revision Petitioner that his wife had filed P.O.P.No.3 of 2013 to file the suit as forma pauperis and the suit had been filed seeking past maintenance of Rs.16,20,000/-. The Petitioners in P.O.P.No.3 of 2013 had stated that they had to be permitted to file the suit as Indigent Persons under Order XXXIII, Rule 1 of CPC. The Court ordered an enquiry, to be conducted by the District Collector of the district concerned. In this case, no report was obtained by the learned Family Court Judge, Salem, and she had passed an order permitting the Petitioners to conduct the case as Indigent Persons in P.O.P.No.3 of 2013 as per order dated 22.11.2019. In spite of the counter filed by the Revision Petitioner as Respondent/Defendant stating that the 1st Petitioner in P.O.P.No.3 of 2013 was employed at L.R.N. Motors, Salem, and she

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