LAWS(MAD)-2020-9-826

ANANDHA KUMAR Vs. SATHYA

Decided On September 29, 2020
Anandha Kumar Appellant
V/S
SATHYA Respondents

JUDGEMENT

(1.) This petition has been filed to set aside the order passed in M.C.No.52 of 2019 dated 10.07.2020, on the file of the Family Court, Sivagangai.

(2.) The petitioner is the husband and the respondent is the wife. The wife has filed a maintenance case in M.C.No.52 of 2019 against the petitioner before the Family Court, Sivagangai. The Family Court, Sivagangai has passed an order on 10.07.2020, directing the petitioner to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) per month to the respondent. Against the same, the petitioner approached this Court by way of revision.

(3.) The brief substance of the petition in M.C.No.52 of 2019 is as follows :- The petitioner is the wife and the respondent is the husband. The petitioner and the respondent got married on 29.04.2016. They lived together for 22 days. On 22.05.2016, the husband went abroad. Subsequently, the in-laws of the petitioner chased her away from home. The husband returned back on 24.03.2017. Three days afterwards, the husband and his family members went for a tour leaving the wife alone. Again on 19.04.2017, the husband went abroad. Again the in-laws drived her away from the house. Subsequently, the husband returned back from abroad and the in-laws arranged for his second marriage. Hearing the same, the petitioner lodged a complaint on 10.08.2017 before the Sivagangai All Women Police Station. The husband filed a divorce petition in H.M.O.P.No.282 of 2017. That petition was dismissed by the trial Court. Since the husband refused to live with the wife, the wife filed a petition for restitution of conjugal rights in H.M.O.P.No.220 of 2018. The husband filed a petition in C.M.P.(MD)No.1075 of 2018 before this Court. The petitioner is not having any permanent income. While he was abroad, the husband was earning Rs.60,000/- (Rupees Sixty Thousand only). Now the husband is working in a private company and is earning Rs.40,000/- (Rupees Forty Thousand only) per month. His father is a retired Tahsildar and his mother is working as ADM Supervisor in Tamil Nadu Electricity Board. The brother of the husband is working as a Manager in IDBI Bank. They have five houses at Kancharankol. They are having two cars. Other than these, they had landed properties and house and they are getting more than Rs.10,00,000/- (Rupees Ten Lakhs only) per year. The petitioner has spent Rs.50,000/- (Rupees Fifty Thousand only) to contest the case in C.M.P. (MD)No.1075 of 2018. The respondent has to pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) per month towards the maintenance of the petitioner.