LAWS(MAD)-2011-3-987

I VINCENT REETHA Vs. S JUSTINE PRABU

Decided On March 24, 2011
I VINCENT REETHA Appellant
V/S
S JUSTINE PRABU Respondents

JUDGEMENT

(1.) Heard Mrs. K. Santhakumari, the learned counsel appearing for the petitioner and Mrs. A. Arulmozhi, the learned counsel appearing for the respondent.

(2.) The petitioner, who is the wife of the respondent filed a petition in I.A. No. 1371 of 2010 in O.P. No. 1440 of 2010 on the file of the III Additional Judge, Family Court, Chennai for an order of interim injunction restraining the respondent from vacating the premises at Old Door No. 17, New No. 20A, Leith Manor, Leith Castle South Street, Santhome, Chennai and from evicting the petitioner from the shared household and directing the respondent subsequently to pay the rent and maintenance to the owner of the premises. The trial Court after taking into consideration the case of both the parties, ordered the petitioner/wife to look out an alternative accommodation for rent not exceeding Rs. 10,000/- as monthly rent for her to reside within three months from the date of the order, until then, she was permitted to reside in the same house as mentioned in the petition and further, ordered the respondent/husband to pay the rent at the rate of Rs. 16,000/- for three months from the date of order. Thereafter, he was ordered to pay a monthly rent of Rs. 10,000/- for the alternative accommodation which will be secured by the petitioner/wife for her occupation till the disposal of the main O.P. No. 1284 of 2010.

(3.) According to the petitioner, she married the respondent as per Christian ceremonies and rites on 22.8.2005. They lived together initially at Bangalore and after coming from Bangalore to Chennai, they set up their residence in Santhome in the year 2006. The petitioner is an employee of the State Government. Due to misunderstanding between the petitioner and the respondent, the respondent wanted to be separated from his wife. Therefore, the respondent filed O.P. No. 1284 of 2010 for dissolution of the marriage. The petitioner filed O.P. No. 1440 of 2010 for restitution of conjugal rights.