CRP.PD.Nos.378 of 2018 & 1963 of 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

CRP.PD.Nos.378 of 2018 & 1963 of 2017

and CMP.No.2021 of 2018

CRP.No.378 of 2018

B.Gajendran

..Petitioner

Vs.

G.Adhilakshmi

..Respondent

PRAYER:

The Civil Revision Petition is filed under Article 227 of the

Constitution of India to set aside the fair and decretal order dated

29.04.2017 in IA.No.610 of 2015 in OP.No.900 of 2012 on the file of

the III Additional Family Court(now VII Addl. Family Court), Chennai.

For Petitioner

: Mr.A.K.Sriram

for Mr.M.Mohammed Shafi

For Respondent : Mr.S.Madhusudhanan

CRP.No.1963 of 2017

G.Adhilakshmi

..Petitioner

Vs.

B.Gajendran

..Respondent

PRAYER:

The Civil Revision Petition is filed under Article 227 of the

Constitution of India to set aside the fair and decretal order passed in

IA.No.610 of 2015 in OP.No.900 of 2012 dated 29.04.2017 on the file

of the learned III Additional Family Judge at Chennai and to direct the

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CRP.PD.Nos.378 of 2018 & 1963 of 2017

respondent to pay the entire sum of Rs.2,23,000/- towards the

payment of school fees and allow the civil revision petition.

For Petitioner

: Mr.S.Madhusudanan

For Respondent : Mr.A.K.Sriram

for Mr.M.Mohammed Shafi

COMMON ORDER

These Civil Revision Petitions are filed against the fair and

decretal order dated 29.04.2017 in IA.No.610 of 2015 in OP.No.900 of

2012 on the file of the III Additional Family Court(now VII Addl. Family

Court), Chennai; and against the fair and decretal order passed in

IA.No.610 of 2015 in OP.No.900 of 2012 dated 29.04.2017 on the file

of the learned III Additional Family Judge at Chennai, thereby allowed

the petition and directed the petitioner/ husband to pay a sum of

Rs.1,00,000/- for the purpose of school fees to his son Prannav

Khanth.

2.

Both the civil revision petitions are preferred by the

husband as well as the wife thereby challenging the order passed by

the court below directing the husband to pay a sum of Rs.1,00,000/-

towards school fees which was already paid by the wife. The wife also

filed other civil revision petition for enhancement of the school fees

ordered by the court below to the tune of Rs.2,23,000/- Both the

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CRP.PD.Nos.378 of 2018 & 1963 of 2017

petitioner in the civil revision petitions are husband and wife. They got

married on 27.08.2004 in accordance with their rites and rituals. It

was an arranged marriage. Due to their wedlock, they gave birth to

son Prannav Khanth. Due to misunderstanding between them, they got

separated and lead to family dispute. The husband filed petition for

divorce as against the wife on the ground of cruelty. The husband also

filed petition for seeking custody of the minor child. While pending

both the petitions before the Family Court, the wife and minor son filed

maintenance case in MC.No.166 of 2013 on the file of the III Family

Court, Chennai seeking maintenance of Rs.53,000/- as monthly

maintenance. By order dated 24.09.2013, it was allowed and the

husband was directed to pay a sum of Rs.10,000/- per month as

maintenance to the wife and a sum of Rs.5,000/- per month towards

maintenance to the minor son. While being so, the wife paid school

fees for the academic year 2014-2015 and 2015-2016 for her minor

son. Therefore, she filed petition in IA.No.610 of 2015 in the divorce

petition seeking school fees which was already paid by her.

3.

In the meanwhile, the wife also filed petition for

enhancement of maintenance in MP.No.137 of 2016 and the court

below allowed the same and directed the husband to pay a sum of

Rs.50,000/- to the wife and the minor son from the date of petition

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CRP.PD.Nos.378 of 2018 & 1963 of 2017

towards maintenance and the school f