R.SUNDHARARAJAN Vs. S.VEMBI

JUDGEMENT

(1.) The petitioner/husband has filed this Civil Revision Petition challenging the order passed by the learned Sub Judge, Paramakudi granting interim maintenance of Rs.5,000.00 to his wife and son and a sum of Rs.10,000.00 towards legal expenses.

(2.) The facts in brief are as follows. The petitioner/husband has filed a petition for divorce against his wife, the respondent herein on the ground of desertion in H.M.O.P.No.50 of 2018 on the file of the learned Sub Court, Paramakudi. The respondent/wife had filed her counter and thereafter, since the matter was pending, the respondent/wife, who was taking care of the minor child, had taken out an application under Sec. 24 of the Hindu Marriage Act seeking interim maintenance in I.A.No.110 of 2020. She had contended that the petitioner herein had not taken any steps to maintain both the respondent, his wife and his minor child. The respondent had contended that she is a home maker and has no independent income and that she and her son, who is a school going child, did not have any financial assistance. She would submit that the respondent was working as a Post Graduate Teacher and despite earning a handsome monthly income has not given a penny to the respondent and her child.

(3.) The petitioner herein has countered the said application stating that the respondent herein owns a tractor and a trailer, which she was utilizing to transport brick and sand out of which, she was earning a monthly income of not less than 18,000/-. In fact, during the Tamil months of Aadi and Aavani, she would earn a sum of Rs.9,000.00 per day and after deducting the expenses towards diesel, she would be left with a sum of Rs.3,000.00 per day, which was worked out to a sum of Rs.90,000.00per month. He would contend that the respondent's income is sufficient to take care of herself and her minor child.