ANITHA RAVI Vs. C B RAVI

JUDGEMENT

(1.) the learned advocates inform me that pursuant to the negotiations between the parties and their learned advocates that they have almost arrived at certain terms which are more or less in the final stages. If the matter is ultimately resolved, that would certainly be an excellent method of disposing of the entire proceeding. As far as the present civil revision petition is concerned, the scope is therefore very limited. Respondent's learned Advocate states that the amount of Rs. 10,000/- which was awarded by way of costs for the litigation has been paid by his client and that nothing survives under this head. The learned trial judge had awarded an amount of Rs. 1,500/-per month by way of interim maintenance to the petitioner and a sum of Rs. 1,000/- per month by way of interim maintenance for the son. Petitioner's learned Advocate submits that having regard to the record of this case, that both these amounts are hopelessly inadequate and that they should be considerably stepped up. Respondent's learned Advocate submits that one of the factors which the court has to take into account is the aspect of the economic condition of the wife herself and he submits that where it is demonstrated that the petitioner has sufficient means of her own, that the court will have to take this factor into account.

(2.) I find from the present record that at the interim stage, the petitioner has not indicated what her means are and neither has the respondent succeeded in demonstrating to the court as to precisely what her economic condition is. In the absence of any concrete evidence therefore, I cannot take cognizance of this factor. Even as far as the respondent's income is concerned, the few figures that have emerged are not very satisfactory for purposes of making an exact assessment. In a case where there is a maintenance claim, the burden of establishing what precisely the husband's income is would shift to the respondent because the petitioner-wife has indicated certain facts which are to her knowledge and if these are incorrect, it is open to the respondent-husband to set the record right through more cogent evidence such as income-tax returns or other material of his choice. In the absence of reliable material being made available, the court is required to do an assessment on the basis of whatever is before the court.

(3.) I have taken cognizance of the status of the parties, the requirements of the petitioner and the child who is at present minor and who is being looked after by the petitioner-wife respondent's learned Advocate states that his client has always indicated his willingness to look after the child and has never abdicated his responsibility. On the other hand, he has even offered to put the child in a good school and bear the expenses or in the alternative, to make adequate financial provision for the education and welfare of the child. As indicated by me earlier, those aspects of the matter will be either settled by the parties or the trial court will pass appropriate orders if a settlement does not come possibly.