1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.2102 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 P.Senthilkumaran .. Petitioner Vs. Thiruvoimozhi .. Respondent Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 28.07.2011 passed in Interlocutory Application No.43 of 2011 in H.M.O.P.No.129 of 2010 by the Principal Sub Court, Tenkasi. For Petitioner : Mr.G.R.Swaminathan ORDER The order dated 28.07.2011 passed in Interlocutory Application No.43 of 2011 in H.M.O.P.No.129 of 2010 by the Principal Sub Court, Tenkasi is being challenged in the present Civil Revision Petition. 2. The revision petitioner herein as petitioner has filed H.M.O.P.No.129 of 2010 on the file of the Court below praying to pass a decree of restitution of conjugal rights, wherein the present respondent has been shown as sole respondent. During pendency of the same, the respondent as petitioner has filed Interlocutory Application No.43 of 2011 under Section 24 of the Hindu Marriage Act, 1955 praying to pass interim monthly maintenance, education expenses and also litigation expenses. The Court below after considering all the contentions raised on either side has allowed the petition in part and thereby directed the respondent therein to pay interim monthly maintenance of Rs.3,000/- and also Rs.3,000/- towards litigation expenses. Against the order passed by the Court below, the present Civil Revision Petition has been filed. 3. Considering the nature of the order passed by the Court below and also the nature of the contentions putforth on the side of the revision petitioner, notice need not be sent to the respondent and this Civil Revision Petition is disposed of on merits at the stage of admission. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned counsel appearing for the revision petitioner has contended that H.M.O.P.No.129 of 2010 has already been dismissed for default on 22.07.2011 and therefore the relief sought for in the present petition cannot be granted, but the Court below has erroneously passed the impugned order and therefore the impugned order passed by the Court below is liable to be set aside. 5. It is an admitted fact that H.M.O.P.No.129 of 2010 has been filed for getting a decree of restitution of conjugal rights. It is also equally an admitted fact that H.M.O.P.No.129 of 2010 has been dismissed for default on 22.07.2011. Even though H.M.O.P.No.129 of 2010 has been dismissed for default on 22.07.2011, the Court below has passed the impugned order. 6. Considering the fact that H.M.O.P.No.129 of 2010 has been dismissed for default on 22.07.2011, till 22.07.2011 the respondent is entitled to get interim monthly maintenance at the rate of Rs.3,000/- and she is also entitled to get litigation expenses as directed by the Court below and to that extent the impugned order passed by the Court below is liable to be modified. 7. In fine, this Civil Revision Petition is allowed without costs at the stage of admission and the order passed in Interlocutory Application No.43 of 2011 in H.M.O.P.No.129 of 2010 by the Principal Sub Court, Tenkasi is modified as follows: The respondent/petitioner is entitled to get interim monthly maintenance of Rs.3,000/- from the date of filing of Interlocutory Application No.43 of 2011 till the dismissal of H.M.O.P.No.129 of 2010, that is, on 22.07.2011. The respondent/petitioner is also entitled to get litigation expenses of Rs.3,000/- as directed by the Court below. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To The Principal Subordinate Judge, Tenkasi. Smn ssk/17.11.201 /2c-2p/- C.R.P(PD)(MD)No.2102 of 2011 and M.P(MD)No.1 of 2011 https://hcservices.ecourts.gov.in/hcservices/