PRABHU SRINIVASAN Vs. RAMAPRABHA

JUDGEMENT

(1.) THE revision petitioner has filed the above revision to set aside the fair and decretal order dated 14.03.2008 in I.A.No.8 of 2007 in H.M.O.P.No.69 of 2004 on the file of the Additional Subordinate Judge, Kumbakonam, Thanjavur District.

(2.) THE brief facts of the case are as follows:- THE revision petitioner/husband has filed H.M.O.P.No.69 of 2004 against his wife for divorce for dissolving the marriage which was solemnized on 06.02.2003 between the petitioner and respondent on the ground of cruelty. THE said case has been filed before the Principal Subordinate Court, Kumbakonam. THE respondent/wife had filed counter statement and resisted the divorce petition. while so, the respondent/wife has filed an interlocutory application in I.A.No.8 of 2007 in H.M.O.P.No.69 of 2004 on 05.06.2007 for interim maintenance of a sum of Rs.70,000/- per month to her child and herself. Besides the respondent/wife has also prayed for payment of a sum of Rs.1,50,000/- for contesting the case and a further sum of Rs.1,00,000/- for dress, medical expenses and for festival expenses.

(3.) THE learned counsel for the respondent/wife argued that the respondent has joined in a master degree course and as such she is a student, and not an earning doctor. Further, the child is with the respondent and she has to provide good education, dress and rich food to the child. THErefore, the revision petitioner is liable to pay maintenance to the respondent and the child. THE learned Judge, after considering the contentions laid down on both sides had passed the interim maintenance, to the respondent. This order is a well considered one. As per order of the learned Judge, the revision petitioner is liable to pay about Rs.10,00,000/- i.e., from the date of filing the interim maintenance application till date, but the revision petitioner has wantonly and deliberately evading payment of maintenance, even though he gets sufficient income.