K. RAMESH Vs. A. RAJALAKSHMI

JUDGEMENT

(1.) This appeal is preferred by the appellant, being the husband of the respondent, laying a challenge to the interim maintenance ordered by the V Additional Family Court, Chennai in I.A. No.3246 of 2013, by which, a sum of Rs.10,000/- per month has been ordered.

(2.) Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent.

(3.) Learned counsel appearing for the appellant submits that the appellant is working as Office Assistant in JSR Builders on temporary basis. The respondent is gainfully employed elsewhere. The Family Court did not consider these aspects. While ordering interim maintenance, the Court will have to weigh the financial capacity of the parties followed by the need to pay interim maintenance. This aspect has not been considered by the Family Court. The deposition of the respondent in C.C.No.3164 of 2012 would show that she was employed. Thus, considering the above, the appeal will have to be allowed.