DURAI SACRATEES Vs. GOMATHI

JUDGEMENT

(1.) This Appeal has been preferred as against the Judgment and Decree passed in H.M.O.P.No.35 of 2014 dtd. 9/1/2023, thereby dismissed the divorce petition filed by the appellant herein on the ground that the appellant failed to comply with the order passed in I.A.No.4 of 2021 on the file of the Family Court. Trichirappalli.

(2.) Heard the learned counsel appearing on either side and perused the materials placed before this Court.

(3.) The appellant is the husband of the respondent. They got married and gave birth to two male children. While being so, due to misunderstanding, they got separated and the appellant filed a petition for divorce in H.M.O.P.No.35 of 2014 on the ground of cruelty. While the divorce petition was pending, the respondent filed Domestic Violence Complaint No.645 of 2009 on the file of the Additional Mahila Court, Tiruchirapalli, as against the appellant, in which an order of maintenance of Rs.3,000.00 in favour of the respondent and Rs.2000.00 each in favour of two sons, payable by the appellant per month, was passed. However, it was not complied with by the appellant. Consequently, the respondent filed I.A.No.4 of 2021 before the Family Court in H.M.O.P.No.35 of 2014 seeking to stop the entire proceedings till compliance with the order. Aggrieved by the same, the appellant preferred a Civil Revision Petition before this Court in C.R.P(MD)No.1024 of 2021. During the pendency of the Civil Revision Petition, the Family Court, dismissed the divorce petition filed by the appellant for default, on the ground that the appellant failed to comply with the order passed in the Domestic Violence Complaint. Further, during pendency of the Civil Revision Petition, the appellant herein complied with the order passed in the Domestic Violence Complaint, except with respect to the maintenance payable to the sons. The appellant paid the maintenance due to the respondent and also the jewel cost.