MURUGABOOBATHI Vs. ARTHI

JUDGEMENT

(1.) By consent the Civil Revision Petition itself is taken up for hearing.

(2.) The Revision Petitioner, who is working as a Trainer in a Driving School and earning a sum of Rs.5,000/- per mensem, filed H.M.O.P.No.98 of 1998 seeking divorce of the respondent/wife. The respondent/wife, pending the above H M O P, filed I.A.No.442 of 1998 claiming a sum of Rs.1,000/- per month as interim maintenance. Even though the Revision Petitioner/husband resisted the said I. A. P. D. DINAKARAN, J. No.442 of 1998 contending that he is earning only a sum of Rs.1,000/- per month, the Family Court by order dated 24.11.2000 made in I.A.No.442 of 1998 in H.M.O.P. No.98 of 1998 rejected the case of the Revision Petitioner and ordered a sum of Rs.500/- per month as maintenance. The Family Court after satisfying itself that the revision petitioner/husband is employed as a Trainer (Driver) in the Driving School and earns a sum of Rs.1,400/- per mensum also found that the respondent/wife has no independent source of income to support herself and ordered a sum of Rs.500/- as interim maintenance by exercising its judicial discretion under Section 24 of the Hindu Marriage Act, 1955. If that be so, it may not be proper for this Court to interfere with such orders made by exercising judicial discretion conferred on the Civil Court.

(3.) The Civil Revision Petition is dismissed. Connected C.M.P.No.9827 of 2002 is also dismissed. No costs.