HEMA Vs. PARTHASARATHY

JUDGEMENT

(1.) The respondent herein filed H.M.O.P. 60 of 1997 on the file of Sub Court, Kancheepuram praying the Court to grant a decree dissolving the marriage solemnized between him and the petitioner herein.

(2.) The Petitioner herein filed LA. 453 of 1999 praying the court to pass an order granting interim maintenance for herself and minor son and also for litigation expenses. This application was resisted by the respondent. However, the learned Subordinate Judge, by an order dated 21-6-1999 granted interim maintenance from the period August 1997 till June, 1999 at the rate of Rs. 600 per month i.e., to say totally a sum of Rs. 13,800. A sum of Rs. 3,000 was also granted as litigation expenses. Being aggrieved by the said order, respondent herein filed an appeal in C.M.A.4 of 1999 before the Additional District-cum-Chief Judicial Magistrate Court, Chengalpet. The appellate Court by a judgment dated 5-1-2000, dismissed the apeal.

(3.) As the respondent even thereafter failed to make the payment, petitioner filed I.A.499 of 2000 in H.M.O.P.60 of 1997 on the file of Sub Court, Kancheepuram under Section 151 Code of Civil Procedure praying the Court to dismiss H.M.O.P.No.60 of 1997 for non-compliance of order passed in I.A.453 of 1999. In the affidavit filed in support of the application, petitioner has stated that she does not have sufficient funds to support herself and minor child and that they have been skipping meals now and then and they do not have proper clothing. According to her, even interim maintenance for the past period awarded, viz., Rs. 13,800 and a sum of Rs. 3,000 as litigation expenses have not been paid.