UPENDRA RAO Vs. RADHIKA RAO

JUDGEMENT

(1.) UNDER challenge in this original petition filed by the petitioner, who is the husband of the respondent, is Ext.P3 order passed by the Family Court, Thiruvananthapuram. Ext.P3 is passed by the Family court in I.A.No.2459/2012. I.A.No.2459/2012 was an application for leave to withdraw from the original petition (O.P.No.1226/2011) filed by the petitioner seeking a decree for restitution of conjugal rights. The ground,on which I.A.No.2459/2012 was filed,is that the respondent has filed several litigations against the petitioner and that the petitioner is now convinced that no useful purpose will be served by proceeding with O.P.No.1226/2011. Hence, the petitioner intends to file a petition for divorce after withdrawing O.P.No.1226/2011.

(2.) THE learned Family court under Ext.P3 did allow the I.A. , but imposed a condition that the petitioner should discharge the arrears of interim alimony at the rate of Rs.20,000.00 per month (to the wife and to the children) ordered by the court and also the sum of Rs.25,000.00 already ordered by the court towards litigation expenses.

(3.) THE response of Mr. Rajendran Nair to the above submission of Mr.Kishore was that the petitioner has already filed I.A.No.3717/2012 seeking review of the order for interim alimony and payment of litigation expenses. I.A.No.3718/2012 has already been filed seeking condonation of the delay caused in the matter of filing I.A. No.3717/2012.