V NANDAKUMAR Vs. M INDUMATHI

JUDGEMENT

(1.) The Petitioner is the husband of the Respondent. (The parties are hereinafter referred to as husband and wife.) The wife has filed petition under Section 13 of the Hindu Marriage Act, 1955, (hereinafter referred to as the Act' for short) against the husband for the relief of divorce on certain allegations. The same is numbered as M.C. No. 31/2010. Statement of objections are filed by the husband to the main matter. The husband had also filed M.C. No. 1256/2010 praying for divorce. Both petitions are pending consideration.

(2.) An application came to be filed by the wife under Section 25 of the Act, praying for permanent alimony to an extent of 25 lakhs and she has also sought for litigation expenses to the tune of 25,000/-. The statement of objections are filed by the husband to the application filed under Section 25 of the Act on 25.9.2010 opposing the said application. The Family Court on considering the material on record, granted the interim maintenance of 5,500/- per month to the wife from the date of filing the application. The said order is called in question in this writ petition.

(3.) Learned Counsel appearing on behalf of the husband submits that no application is filed by the wife praying for interim maintenance and therefore, the Court below is not justified in granting the interim maintenance in favour of wife. It is no doubt true that the wife has not filed an application praying for interim maintenance. However, the Court below having heard both the learned advocates on the question of granting interim maintenance, awarded 5,500/- per month to the wife.