JAGADEESAN Vs. MINIMOL

JUDGEMENT

(1.) Petitioner/husband challenges Ext. P1 order dated 8-8-2003 passed against him in I.A. No. 1422 of 2002 filed by the respondent/wife for interim alimony pendente lite and litigation expenses from the petitioner. As per the order the petitioner was directed to pay interim alimony at the rate of Rs. 1,500/- per month as against the claim of Rs. 5000/-.

(2.) Petitioner and respondent are husband and wife. Husband/petitioner filed M.O.P. No. 131 of 2001 before the Subordinate Court, Palakkad for divorce. In the said O.P., wife/respondent filed I.A. No. 1422 of 2002 for interim alimony pendente lite and litigation expenses from the petitioner at the rate of Rs. 5,000/- per month. The Court below after considering the rival contentions, directed the petitioner to pay a monthly maintenance at the rate of Rs. 1500/- to the wife/respondent from the date of petition till the disposal of the marriage O.P. as per Ext.P1 order dated 8-8-2003.

(3.) The petitioner seeks to quash Ext.P1 order mainly on the ground that the respondent made claim for maintenance in another proceedings also and hence this petition is not maintainable. Admittedly, O.P. (HMA) No. 746 of 2001 was filed by the respondent herein before the Family Court, Thiruvananthapuram seeking maintenance from the petitioner. According to the learned counsel appearing for the petitioner both the claims will not lie together and the order passed in the present petition is not maintainable.