SARASWATHI Vs. ARUCHAMY

JUDGEMENT

(1.) The revision is filed against dismissal of E.P. No. 93 of 2011 on the file of the District Munsif Court, Udumalpet.

(2.) The revision petitioner filed a suit for maintenance against her husband/respondent herein. When the suit was pending, the same was referred to Lok Adalat and the matter was compromised. A lok adalat award was passed on 5/7/2011, whereunder the respondent/husband agreed to pay Rs.2,500.00 (Rupees Two thousand five hundred only) per month as maintenance to the petitioner/wife.

(3.) The suit appeared to have been filed on 15/10/2009 and the lok adalat award was passed on 5/7/2011. Thereafter, the petitioner herein filed execution petition in E.P. No. 93 of 2011 for execution of the award. He prayed for recovery of Rs.47,500.00 towards the arrears of the maintenance amount from the date of the suit namely 15/10/2009 to 15/6/2011. The said execution petition was resisted by the respondent on the ground that there was no agreement to pay the arrears of maintenance from the date of suit to the date of award. The executing Court after perusing the terms of compromise recorded in lok adalat award came to the conclusion that there was no decree for payment of arrears of maintenance from the date of suit to the date of award and consequently dismissed the execution petition.