OMANAKUTTAN Vs. SREEJA

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner/husband against an order passed under Section 24 of the Hindu Marriage Act directing payment of interim maintenance pending litigation.

(2.) It is admitted that the Petitioner herein has filed O.P. No. 1360/2009 claiming a decree for divorce on the ground that the Respondent herein, his wife, suffers from mental unsoundness. In that petition, the Respondent/wife, after entering appearance, filed a claim for maintenance pendente lite and litigation expenses. An amount of Rs. 3,000/- per mensum each for maintenance of herself and the child was claimed. An amount of Rs. 25,000/- was claimed as litigation expenses. The court below, by the impugned order, directed payment of an amount of Rs. 2,000/- per mensum each for the wife and the child. The Petitioner was further directed to pay an amount of Rs. 3,000/- towards litigation expenses.

(3.) The Petitioner claims to be aggrieved by the impugned order. What is the grievance The learned Counsel for the Petitioner fairly submits that the order, in so far as it relates to the child, is not challenged. Further the learned Counsel submits that award of maintenance to the wife is not justified. According to the Petitioner, the Petitioner is willing to maintain the wife on condition that she returns to him. This aspect of the matter has not been considered by the learned Judge of the Family Court, it is submitted.