C.R.P. (P.D.) No. 1363 of 2012. Case: M. Mani @ Mani Rathinam, D. No: 499 Valkadu, Gorimedu, Opp. N.G.O. Colony, Salem Vs M. Pushpa, D.No: 2 Patel Street, Soorampatty Valasu, Erode Town. High Court of Madras (India)

Case NumberC.R.P. (P.D.) No. 1363 of 2012
CounselFor Appellant: M/s. D. Sathya, Adv.
JudgesV. Dhanapalan, J.
IssueConstitution of India - Article 227; Hindu Marriage Act, 1955 - Section 24
Citation2012 (5) LW 643
Judgement DateJuly 03, 2012
CourtHigh Court of Madras (India)

Order:

V. Dhanapalan, J.

1. This Civil Revision Petition is filed against the order dated 13.06.2011 granting interim maintenance in I.A. No: 222 of 2010 in F.C.O.P. No: 406 of 2009 on the file of the Family Court, Salem. Petitioner is the husband who filed the F.C.O.P. for divorce on the ground of dessert ion. Pending the Original Petition, the wife filed an interlocutory application under Section 24 of the Hindu Marriage Act seeking maintenance of Rs. 10,000/- per month and a sum of Rs. 25,000/- towards litigation expenses. The Family Court, on consideration of the case partly allowed the interlocutory application by directing the husband to pay a sum of Rs. 2,500/- per month as interim maintenance from 13.04.2010 till the disposal of F.C.O.P. No: 406 of 2009 and shall also pay a sum of Rs. 5,000/- towards litigation expenses. As against which this revision petition is filed.

2. Ms. D. Sathya learned counsel appearing for the revision petitioner would contend that the trial Court has not considered Ex.R.6-Settlement Deed executed by the respondent herein in favour of her daughter which would clearly show that the respondent herein had rental income of her own and, therefore, the Family Court has not considered the source of income of the respondent while coming to the conclusion to order interim maintenance.

3. Heard the learned counsel for the revision petitioner and perused the material documents available on record.

4. An analysis of the case would reveal that the wife is facing divorce proceedings filed by the husband in F.C.O.P. No: 406 of 2009 on the file of the Family Court, Salem. Earlier, the husband filed F.C.O.P. No: 95 of 2008 for restitution of conjugal rights. As the wife did not respond, that original petition was withdrawn and another original petition for divorce was filed by the husband. Pending the divorce proceedings, the respondent/wife filed an interlocutory application under Section 24 of the Hindu Marriage Act claiming a sum of Rs. 10,000/- per month as interim maintenance and a sum of Rs. 25,000/- as litigation expenses. The claim of the revision petitioner is that the respondent/wife on her own left the matrimonial home and started living with her parents. Steps taken for reunion went in vein. Regarding his income, he claims that the land he owns at Yercaud is a barren land and only now he has developed coffee plantation by borrowing money from the Canara Bank on the recommendations of the Coffee Board. The...

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