G KANCHANA Vs. S GANESAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the petitioner to direct the II Additional Judge, Family Court, Chennai to take up I.A.S.R.No.580 of 2006 kept pending on the file of O.P.No.2581 of 2008 and dispose of the same.

(2.) THE respondent/wife in O.P.No.2581 of 2006 is the revision petitioner before this Court. THE O.P.No.2581 of 2006 has been filed by the respondent herein/husband for divorce. Pending O.P. an application in I.A.SR.No.580 of 2008 has been filed by the petitioner/wife for interim maintenance. THE said application has been kept pending on the file of II Additional Judge, Family Court, Chennai without even being numbered. However, the main O.P. is being proceeded with. Hence, the above civil revision petition has been filed for a limited prayer of seeking direction from this Court to the II Additional Judge, Family Court, Chennai for early disposal of the I.A.SR.No.580 of 2008 filed by the petitioner/wife for maintenance.

(3.) IT is settled law that when a petition is filed under Section 24 of the Hindu Marriage Act for maintenance a duty is cost upon the Family Court to pass orders in the application on merits before proceeding with the main O.P. Hence, I direct the II Additional Judge, Family Court, Chennai to number the I.A.SR.No.580 of 2008 filed by the petitioner/wife for maintenance first and dispose of the same within one month on merits and in accordance with law and thereafter to decide the main O.P.No.2581 of 2006 filed for divorce.