VINCENT REETHA Vs. S JUSTINE PRABU

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, the respondent deserted the petitioner without any valid reason and has directed the house owner to close the rental agreement. The petitioner has every right to stay in the petition mentioned premises. She is willing to join her husband since the respondent had stopped paying the rent and since she is earning 1/5th of the respondent"s income, she is unable to pay the rent after using her salary for food and clothing. In these circumstances, the petitioner filed the petition under Section 17 and 19 of the Protection of Women from Domestic Violence Act.