IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.06.2024 CORAM THE HONOURABLE Mr. JUSTICE P.DHANABAL CRP.No.1293 and 1295 of 2022 and CMP.No.6894 and 6902 of 2022 CRP.No.1293 of 2022 K.N. Manivannan Sudhevan S/o. Nallathambi ...Petitioner Vs.

1. Sandhiya Priyadharshini W/o. Manivanna Sudhevan

2. Minor Kirithine D/o. Manivanna Sudhevan

3. Minor Sathvika D/o. Manivanna Sudhevan ....... Respondents PRAYER: Civil Revision Petitions are filed under section 227 of the Constitution of India, to set aside the fair and decreetal order passed by the learned Subordinate Judge, Dharapuram dated 01.04.2022 in I.A.No.924 of

2021 in O.S.No.190 of 2021.

For Petitioner : Mr.N. Manoharan For Respondents : Mr. Ayyadurai, Senior Counsel, for Mr. V. Balamurugan K.N. Manivannan Sudhevan S/o. Nallathambi ...Petitioner Vs.

Sandhiya Priyadharshini W/o. Manivanna Sudhevan ....... Respondent PRAYER: Civil Revision Petitions are filed under section 227 of the Constitution of India, to set aside the fair and decreetal order passed by the learned Subordinate Judge, Dharapuram dated 17.11.2021 in I.A. No.763 of

2021 in O.S.No.190 of 2021.

For Petitioner : Mr.N. Manoharan For Respondents : Mr. Ayyadurai, Senior Counsel, for Mr. V. Balamurugan

COMMON ORDER

The Civil Revision Petitions have been filed challenging the orders passed in I.A.No.924 of 2021 dated 01.04.2022 and in I.A. No.763 of 2021 dated 17.11.2021 in O.S.No.190 of 2021 on the file of Subordinate Court, Dharapuram, wherein the petitioner herein has filed petition in I.A. No.924 of 2021 to set aside the exparte order passed against him. In that application the Court has passed an order to pay a sum of Rs.24,000/- per month to the respondents towards interim maintenance till disposal of the Suit and the said amount has to be paid within the 5th day of Every English Calendar month and the petitioner shall pay the entire arrears from the date of filing of the Suit to the respondents by demand draft in favour of the 1st respondent on or before 19.04.2022 . The another petition in I.A. No.763 of 2021 filed by the petitioner seeking dismissal of the Suit with compensatory costs on the ground that it is barred by law, was rejected in limine. As against the said orders, the present Civil Revision Petitions have been filed.

2. According to the petitioner herein, he is the defendant in the main Suit and the respondents filed a Suit for maintenance as against the petitioner before the Trial Court. The 1st respondent is the wife of the petitioner and the 2nd and 3rd respondents are the children born to the petitioner and the 1st respondent. They filed the above Suit for maintenance. During the pendency of the Suit, the petitioner has filed the above petitions under Section 12, Order II Rule 2 of the Code of Civil Procedure respectively. While disposing the above said applications, the Trial Court passed exparte order and thereby the petitioner has filed petition to set aside the exparte order. In that order, without any prayer by the respondents for payment of interim maintenance, the Trial Court ordered interim maintenance and also there is no any application filed by the respondents for interim maintenance, but the Trial Court without any such application, while deciding the exparte set aside petition, passed an order to pay interim maintenance of Rs.24,000/- per month without any basis and thereby, the order passed by the Trial Court is liable to be set aside.

3. According to the respondents, the respondents have filed a Suit for the relief of payment of maintenance and the petitioner failed to maintain the respondents. In the main Suit, the petitioner herein has filed an application under Order II Rule 2 of Code of Civil Procedure and the same was dismissed on the same day. Since the petitioner has not filed the written statement, he was set exparte. Thereafter, the petitioner filed a petition to set aside the exparte order. In that application, the Trial Court taking into consideration the nature of the Suit, a