Madras High Court
M.Thiyagarajan vs T.Muthuselvi on 28 June, 2021
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
C.R.P. (PD) Nos.337, 338 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2021
Coram
The Hon'ble Mr. Justice C.V.KARTHIKEYAN
C.R.P. (PD) Nos.337, 338 of 2019
and C.M.P.No.2450 of 2019
M.Thiyagarajan ... Petitioner in both CRP's
Vs
T.Muthuselvi ... Respondent in both CRP's
COMMON PRAYER: Civil Revision Petition filed under Article 227
of the Constitution of India, to setting aside the Fair and Decreetal Order
dated 27.11.2018 in I.A.Nos.556, 558 of 2018 in H.M.O.P.No.3 of 2016
respectively, passed by the Subordinate Judge at Tambaram.
For Petitioner : M/s.S.Conscious Ilango
in both CRP's
For Respondent : M/s.P.Mahalakshmi
in both CRP's
********
COMMON ORDER
1/8 C.R.P. (PD) Nos.337, 338 of 2019 The pendency of the two Revision Petitions before this Court for the past two years and grant of Interim Orders has only led in H.M.O.P.No.3 of 2016 to be kept pending in the Sub Court at Tambaram. It is informed that the said H.M.O.P has been transferred to the file of the II Additional Family Court at Chennai and re-numbered as H.M.O.P.No.3313 of 2019.
2. The petitioner herein / husband had filed the said Original Petition under Section 12(1)(a) and 13(1)(i-a) of the Hindu Marriage Act 1955 with respect to the marriage which was solemnized between him and the respondent / wife on 10.12.2014 at Palayamkottai.
3. The respondent had entered appearance and had filed counter.
4. Parties were invited to graze the witness box. They did so. The petitioner was examined as a witness and the respondent was also examined as a witness and also cross examined and further witness has also been cross examined.
5. At that stage, the respondent herein came to file I.A.No.556 of 2018 and I.A.No.558 of 2018. I.A.No.556 of 2018 had been filed under 2/8 C.R.P. (PD) Nos.337, 338 of 2019 Section 151 of CPC to direct the respondent / petitioner herein to return the items namely the gold jewels as mentioned in the petition. I.A.No.558 of 2018 had been filed under Section 24 of the Hindu Marriage Act to direct the respondent / petitioner herein to pay a sum of Rs.40,000/- per month towards interim maintenance and also a sum of Rs.50,000/- towards litigation expenses.
6. A common order was passed in both the Interlocutory Applications on 27.11.2018.
7. The present Revision Petitions have been filed questioning the order passed in I.A.Nos.556 and 558 of 2018.
8. The learned Sub Judge, Tambaram in I.A.No.556 of 2018 had directed the respondent / Revision Petitioner to return the jewels which he are in his possession.
9. It is the grievance of Mr.S.Conscious Ilango, the learned counsel for the Revision Petitioner, that the Revision Petitioner had stated that he had no jewels of the respondent herein in his possession and inspite of the said stand, the order directing the jewels to be returned had been passed. 3/8 C.R.P. (PD) Nos.337, 338 of 2019 It is also stated that the said order can never be pt into effect, since the learned Judge had stated that the Revision Petitioner should return the jewels which belongs to the respondent herein without specifying them.
10. In I.A.No.558 of 2018 an order was passed directing the Revision Petitioner to pay interim maintenance of Rs.10,000/- every month and also Rs.50,000/- towards litigation expenses. It is stated by Mr.S.Conscious Ilango, learned counsel that the Revision Petitioner has been paying the interim maintenance of Rs.10,000/- without any default, but owing to the pandemic situation he was not able to pay the said amount for the past few months. It is a very fair representation made by the learned counsel.
11. The learned counsel for the respondent Ms.P.Mahalakshmi on the other hand stated that the respondent had taken away the case bundle. It is seen that owing to the pendency of these Revision Petitions, there has been no progress in H.M.O.P.No.3313 of 2019 which is now pending on the file of the II Additional Family Court at Chennai.
12. Therefore the following directions are given: 4/8
C.R.P. (PD) Nos.337, 338 of 2019
(i) The learned II Additional Family Court, Chennai is directed to dispose of H.M.O.P.No.3313 of 2019 by recording evidence on a day to day basis and even if adjournments are sought not more than maximum of five working days can be granted in between any two adjournments. It is also made clear that not more than two adjournments can be granted for the very same reason.
(ii) I am informed that it is not clear whether both the parties have been informed that the Original Petition has been transferred from Sub Court, Tambaram to II Additional Family Court, Chennai. If they have not been so informed then fresh notice must be issued to the parties and on the particular date fixed for the recommencement of the trial it should proceed in the aforesaid manner.
(iii) H.M.O.P.No.3313 of 2019 should be disposed on or before 31.08.2021.
(iv) Both the petitioner and the respondent are directed to cooperate during the course of trial.
(v) While passing final Judgment, the learned Judge may also 5/8 C.R.P. (PD) Nos.337, 338 of 2019 examine the payment of the maintenance and if a decision should be rendered with respect to the amounts not paid.
(vi) There has been no effective reasoning in the order in I.A.No.556 of 2018. Therefore let the learned Judge re-apply his mind to examine whether the petitioner in H.M.O.P was in possession of any of the jewels of the respondent and thereafter give a finding whether directions should be given in the main Judgment in accordance with findings with respect to possession of jewels.
(vii) Both the Revision Petitions are disposed with a direction to the parties to go back and participate in the trial. During arguments the issue non payment of salary or not receipt of salary owing to Covid-19 may be impressed by the learned counsels and the learned Judge may take such arguments in the consideration based on the nature of the arguments.
13. With the above observations, these Civil Revision Petitions are disposed of. No order as to costs. Consequently, the connected miscellaneous petition is closed.
6/8 C.R.P. (PD) Nos.337, 338 of 2019 28.06.2021 Internet:Yes/No Index:Yes/No rna To
1.The Sub Court, Tambaram.
2.The II Additional Family Court, Chennai.
C.V.KARTHIKEYAN,J.
rna C.R.P. (PD) Nos.337, 338 of 2019 7/8 C.R.P. (PD) Nos.337, 338 of 2019 and C.M.P.No.2450 of 2019 28.06.2021 8/8