A GOPAL Vs. G DHANAMMAL

JUDGEMENT

(1.) Aggrieved by the order of the Family Court, Salem, dated 27-02-2002 passed in C.M.P.No. 68 of 2000 in M.C.No. 10 of 1997, the petitioner herein-husband has preferred the above Revision before this Court.

(2.) The Family Court, Salem, passed an ex parte order in M.C.No. 10 of 97 on 5-11-97, granting maintenance to the first respondent herein/wife at the rate of Rs.500/- per month. According to her, as per the said order, the petitioner herein/husband is liable to pay maintenance at the rate of Rs.500/- p.m. from 6-12-97 to 5-5-2000, i.e., for 29 months, totalling Rs.14,500/-. She further stated that her husband is a land broker, getting an income of Rs.7,000/- per month. It is her case that in spite of the maintenance order and earning sizeable income, he has not chosen to pay the amount; hence she filed C.M.P.No.68 of 2000 in M.C.No.10/97 before the Family Court, Salem, for recovery of arrears of the maintenance amount. The petitioner herein/husband filed a counter statement in the C.M.P., disputing the averments made by his wife. It is stated therein that he had already filed a suit in O.S.No. 21/99 to declare that the respondent herein is not his wife and the same is pending, and that by furnishing wrong particulars, she obtained the ex parte order in M.C.No. 10/97. Pursuant to the ex parte order passed in M.C.10/97, as well as the order passed in C.M.P.No. 125/97, and to avoid warrant of arrest, out of fear, he deposited a sum of Rs.1,500/-.

(3.) Before the Family Court, no witness was examined, nor any document marked by any of the parties. The Family Court, after accepting the claim of the wife, ordered her application and directed the husband to pay the arrears of Rs.14,500/- at the rate of Rs.500/- per month on or before 6-3-2002. Questioning the said order, the husband has preferred the present revision before this Court.