LAWS(MAD)-2000-1-31

UMA RANI Vs. D VIVEKANNANDAN

Decided On January 18, 2000
UMA RANI Appellant
V/S
D.VIVEKANNANDAN Respondents

JUDGEMENT

(1.) Petitioner in I.A. No. 43 of 1997 in H.M.O.P. No. 22 of 1997 on the file of the Subordinate Judge's Court at Sankari, is the revision petitioner.

(2.) Respondent herein filed an application for divorce under Section 13 of the Hindu Marriage Act. Application was filed on 10-3-1997. An application under Section 24 of the Hindu Marriage Act for getting interim alimony and litigation expenses, was filed by the petitioner on 28-8-1997. In her application for getting interim alimony, the petitioner alleged that her husband is getting sufficient income and she is not in a position to maintain herself. According to her, herself and her child have been deserted by the husband and they are put togreat mental agony and financial difficulty and are living in misery. They are being maintained by her parents and brothers. To the main divorce petition also, the petitioner filed her counter and thereafter 31 postings were given to enquire into the matter. The respondent has changed his vakalath and another counsel was also engaged on 24-6-1999. Finally, on 6-8-1999, respondent's counsel submitted before the lower Court that he has no instruction. The husband was called and found to be absent, the main application was dismissed for default. On the same day, the lower Court passed an order on I.A. No. 45 of 1997, seeking interim maintenance. The lower Court directed the respondent to pay a sum of Rs. 500 as interim maintenance and Rs. 750 as litigation expenses.

(3.) The said order is challenged by the learned counsel for the petitioner on the ground that the amount awarded by the lower Court is not sufficient to meet the expenses of the wife and child. Respondent has also entered appearance before this Court and I heard both sides.