GOMATHI Vs. SACRATIES

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the petitioners/appellants against the order passed by the Family Court, Tiruchirapalli in I.A.No.173/2016 in H.M.O.P.No.35 of 2014, dated 03.10.2018.

(2.) The respondent herein, who is the husband of the first appellant and father of the second appellant herein, has filed H.M.O.P.No.227/2010 on the file of the Sub-Judge, Tiruchirapalli, seeking divorce against the first appellant herein on the ground of cruelty. The said H.M.O.P was transferred to the Court of Family Judge, Tiruchirapalli and renumbered as H.M.O.P.No.35 of 2014. During pendency of the said petition, the appellants herein have filed an application in I.A.No.252 of 2015 under Section 7(1) of the Family Courts Act r/w Section 25 of the Hindu Marriage Act, 1955 and Sections 20 and 26 of the Protection of Women from Domestic Violence Act, 2005 (23 of 2005) to direct the respondent to pay a sum of Rs.10,000/- to the first appellant herein and Rs.5,000/- to the second appellant herein towards monthly maintenance, education, medical expenses or any other lump sum by way of permanent alimony to the first appellant herein. They also filed another application in I.A.No.173/2016 under Section 24 of the Hindu Marriage Act, 1955 r/w Sections 20 and 26 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) (Herein after referred as 'DV Act') to direct the respondent to pay a sum of Rs.7,500/- to the first appellant herein for her maintenance and medical expenses and Rs.5,000/- to the second appellant herein for his maintenance and educational expenses till orders passed in I.A.No.252 of 2015.

(3.) The respondent herein opposed the aforesaid petitions by filing counters.