A. Senthil, S/o. Arumugam v. R. Sridevi, W/o. Mr. A. Senthil
2025-04-16
P.VELMURUGAN
body2025
DigiLaw.ai
ORDER : P.Velmurugan, J. These revision cases arise out of the common order dated 06.07.2023 passed in M.P.Nos.1065 of 2022 and 1066 of 2022 in M.C.No.231 of 2006 on the file of the V Additional Principal Family Court, Chennai. 2. It is seen from the records that the petitioner is the husband, first respondent is his wife and second respondent is their minor son. Respondents 1 and 2 have filed the maintenance case in M.C.No.231 of 2006 on the file of the I Additional Family Court, Chennai. Though notice was served on the petitioner-husband, he could not make his appearance before the Court below and hence, after recording ex-parte evidence, the learned I Additional Principal Judge, vide order dated 22.09.2006 allowed the case and directed the petitioner-husband to pay a sum of Rs.1,000/- each per month to respondents 1 and 2 as maintenance from the date of the petition viz., 31.05.2006 and also directed the petitioner-husband to pay future maintenance on or before 5 th of every English calendar month. Challenging the said order, the petitioner- husband filed a petition in M.P.No.1066 of 2022 seeking to set aside ex-parte order dated 22.09.2006 in M.C.No.231 of 2006 along with a petition in M.P.No.1065 of 2022 to condone the delay of 5832 days in filing the above petition. The learned III Additional Principal Judge, after appreciating the entire materials and the submissions of both sides, vide common order dated 06.07.2023 dismissed the petitions. Assailing the order of the learned Judge, the petitioner-husband has filed the present revision petitions. 3. Heard both sides and perused the materials available on record. 4. Admittedly, there was an enormous delay in filing the petition to set aside the ex-parte order dated 22.09.2006, however, in order to show genuineness, the petitioner-husband has deposited the entire arrears amount as on date before the Court below, as per the directions of this Court dated 25.03.2025. Since it is a case of maintenance, in order to avoid further delay and also in order to give an opportunity to the petitioner-husband to contest the case, the impugned common order dated 06.07.2023 passed by the learned III Additional Principal Judge, V Additional Family Court (FAC), Chennai, is liable to be set aside. Accordingly, these revision cases are allowed. 5.
Accordingly, these revision cases are allowed. 5. Both the parties are directed to file their Affidavits of Assets and Liabilities within a period of fifteen days from the date of receipt of a copy of this order before the Court below. Since the maintenance case is of the year 2006, the learned Judge, is directed to complete the proceedings and dispose of the case within a period of two months from the date of receipt of a copy of this order. The respondents are directed to withdraw the arrears amount, which was deposited before the Court, without filing any formal application.