J. RAMESH BABU Vs. S. SARASWATHI

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 16.03.2011 passed in C. Misc. No. 310/2009. By the impugned order, the Court below while granting interim maintenance pending consideration of C. Misc. No. 310/2009 has directed the respondent herein to pay Rs. 5,000/- per month to the petitioner from the date of the petition. The petitioner-husband is therefore before this Court assailing the said order. The contentions of the petitioner is that the Court below has proceeded on the assumption that the petitioner is getting a salary of Rs. 22,000/-. In that regard, the petitioner has relied on the documents at Annexure-E which are the salary certificates of the petitioner for the months of January, February and March, 2011 wherein, after deductions the net pay of Rs. 12,234 and Rs. 13,936/- is indicated. Further, the documents for availing treatment for the mother of the petitioner is also relied upon. In that view, it is contended that when the net pay is not to the extent as indicated by the Court below, the maintenance awarded is on the higher side.

(2.) The learned counsel for the respondent; would however seek to justify the order passed by the Court below. It is his contention that apart from the salary drawn, the petitioner has other income and therefore the interim maintenance awarded by the Court below is justified. It is contended that what has been noticed by the Court below that the petitioner has the income of Rs. 22,000/- by way of salary is the correct position and therefore no interference of the order is required. It is also pointed out that one another petition for dissolution of the marriage is filed and both the matters are pending consideration and until then, the amount as ordered by the Family Court be maintained.

(3.) Having noticed these aspects of the matter, a perusal of the order impugned herein would no doubt indicate that the Court below has taken note of the rival contentions before arriving at a conclusion. However, the concluding portion of the order would disclose that no reference has been made to the documents, but the contentions of the respondent that the petitioner is working as a Mechanic in Diesel Shed at K.R. Puram, Bangalore and he is drawing a salary of Rs. 22,000/- has been accepted and the interim maintenance of Rs. 5,000/- per month has been ordered.