THANGAM ALIAS MARUDHANAYAGAM Vs. MARUDHAMBAL

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the order of the lower court dated 17.12.1996 passed in I.A. No. 77/95 in M.M.O.P. 24/1995 in any by which an interim maintenance of Rs. 250/- was directed to be paid by the petitioner to the respondent, who is none other than his wife. Mr. Babu, learned counsel for the petitioner contended that the petitioner is 65 years old, that he is an agriculturist depending on daily wages and in the circumstances the petitioner is not in a position even to maintain himself and therefore, the order of the lower Court granting maintenance of Rs. 250/- to be payable by way of interim maintenance was not proper.

(2.) LEARNED counsel further contended that the petitioner is also not in possession of any properties so as to generate any funds to pay the interim maintenance ordered by the lower Court. As against the said submission, Mr. P. Valliappan Amicus Curiae, at the request of this Honourable Court, after going through the papers contended that in law, the petitioner is bound to maintain his wife in as much as the marriage of the petitioner with the respondent was admitted and under Section 24 of the Hindu Marriage Act, there is no scope for the petitioner to contend that merely because he is without means, he is not liable to pay any interim maintenance. The learned counsel relied upon 1999 (3) MLJ 685 (A.S. Ramadas v. N. Malathi) and 1997 (2) MLJ 455 (Pandian Elias Ganesan v. Suganthi) in support of his submissions.