A DILEEP KUMAR Vs. S R SUJITHA

JUDGEMENT

(1.) THE respondents filed M.C.No.100 of 2011 on the file of the Family Court, Thiruvananthapuram against the petitioner, claiming maintenance to the 1st respondent and her minor child (2nd respondent) at the rate of Rs.10,000/- and Rs.5,000/- respectively. She also filed an application for interim maintenance.

(2.) THE court below disposed of the application for interim maintenance as per the order dated 8th March, 2012, as per which, the petitioner herein (husband) was directed to pay a sum of Rs.3,000/- to his wife and Rs.2,000/- to the minor child. The order dated 8th March, 2012 is under challenge in this Original Petition (Family Court).

(3.) IT is not disputed that the basic salary of the petitioner is Rs.20,500/-. It is also not disputed that he gets allowances. The total emoluments would be more than Rs.35,000/-. In the facts and circumstances, we are of the view that the court below was right in fixing the interim maintenance at the rate of Rs.3,000/- and Rs.2,000/- to the wife and the child respectively. The court below also took note of the pendency of a case before the Magistrate's Court filed by the wife under the Protection of Women from Domestic Violence Act. The court below held that if any amount is ordered to be paid in the said proceeding, the petitioner herein would be entitled to get set off of that amount in the present case.