BALAJI P K Vs. DHANAVANTRI K

JUDGEMENT

(1.) THE petitioner is before this Court assailing the order dated 28 -9 -2013 passed in M.C. No. 2616 of 2012 impugned at Annexure -A to the petition. By the said order, the Court below has directed the petitioner to pay the interim maintenance of Rs. 8,000/ - per month pending consideration of the Interlocutory Application filed by the respondent under Section 24 of the Hindu Marriage Act, 1955. The learned Counsel for the petitioner while assailing the order would contend that the Court below was not justified in passing such an order pending consideration of the application.

(2.) THE learned Counsel has taken me through the documents produced along with the petition to contend that insofar as the expenses of the children, the petitioner has been paying the same and the bills of the School which are produced therein would indicate that the petitioner, in fact has borne the expenses of the children. In addition, reference is made to the document at Annexure -N to point out that the respondent was working and earning a sum of Rs. 37,852/ -. It is also her case that the Bank statement which has been produced along with the petition would disclose that cash deposit has been made to her account and that she has sufficient income to maintain herself. In that view, without determining the objections raised in the application, the Court below could not have made an order to pay interim maintenance, in the meanwhile is the contention.

(3.) THE learned Counsel for the respondent would however seek to sustain the order contending that due to the circumstances, which be fell on the respondent, she was forced to quit the job and she does not have any income. It is also the case of the respondent that in addition to the school expenses, other expenses are also incurred for the children.