N R GOPAL Vs. K G BANUMATHI

JUDGEMENT

(1.) Both these Revisions are filed by the husband in H.M.O.P. No. 43 of 1999, on the file of Family Court at Madurai.

(2.) Petitioner herein filed H.M.O.P. No. 43 of 1999, seeking divorce of the first respondent herein on various grounds. Pending application, first respondent herein filed I.A. Nos. 74 and 75 of 1999. In IA No. 74 of 1999, first respondent herein wanted to restrain the husband, petitioner herein, from redeeming a property scheduled in that petition by discharging an 'othi', executed in favour of second respondent in that I.A.

(3.) In support of that I.A., first respondent has filed an affidavit stating that the petitioner herein is working as a driver in a Government undertaking and is getting a monthly income of not less than Rupees 5,000/-. She has further said that in 1997 they fixed a house on 'othi' which belonged to the second respondent in that application. The 'othi' amount was Rs. 34,000/-. Since the husband was not in possession of sufficient funds, the ornaments belonging to the wife were sold for raising funds, and thus obtained 'othi' of the house, where they are residing together. In fact, the sum and substance of her contention is that the mortgage right belongs to the wife also. She has further averred in the affidavit that after getting the mortgage right, both the husband and wife began to live in that house. A few months later, the husband did not take care of the family and started living with another woman. Since the morgage right belongs to the first respondent herein (wife) also, to defeat the same, the husband is now trying to surrender her mortgage right also and get the mortgage amount by himself. Therefore, first respondent/wife moved I.A. 74 of 1999 with a prayer that the husband should not be allowed to redeem the 'othi' and get the amount from the mortgagor. In the other application, viz., I.A. No. 75 of 1999, she claimed interim maintenance at the rate of Rs. 2,000/- per mensem, Rs. 10,000/- towards educational expenses and Rs. 5,000/- towards litigation expenses.