P SENTHILKUMAR Vs. R. RAMYA

JUDGEMENT

(1.) THE revision petitioner/ husband filed H.M.O.P.No.5 of 2010 on the file of the Subordinate Court, Tambaram for divorce and in that application the respondent /wife filed I.A.No.322 of 2010 under Section 24 of the Hindu Marriage Act seeking interim alimony. That application was contested by the revision petitioner stating that the respondent is employed in TCS and is earning a good salary and therefore she is not entitled to get any interim alimony. THE Court below did not accept the contention of the learned counsel for the revision petitioner and directed the revision petitioner to pay a sum of Rs.5000/- towards interim maintenance and also to deposit Rs.55,000/- as arrears of maintenance and as the conditional order was not complied with, the H.M.O.P.No.5 of 2010 was dismissed. This revision is filed against the conditional order passed in I.A.No.322 of 2010 on the file of the Subordinate Court, Tambaram.

(2.) IT is submitted by the learned counsel for the revision petitioner Mr.K.P.Gopalakrishnan that the respondent/ wife is entitled to get interim alimony only when she is unable to maintain herself and admittedly the respondent/ wife is employed in TCS and therefore she is earning a very good income and therefore the Court below erred in directing the revision petitioner to pay the maintenance of Rs.5000/- during the pendency of the proceedings.

(3.) CONSEQUENT to the order passed in the revision, the Court below is directed to restore H.M.O.P.No.5 of 2010 and to take on file and dispose of the same within a period of three months from the date of receipt of a copy of this order. The Court below is also directed to consider the case on merits without being influenced by any of the observation made by this Court while passing an order of permanent alimony if any application filed by the wife during the pendency of the petition. With the above direction, the Civil Revision Petition is allowed. No costs. CONSEQUENTly, the connected Miscellaneous Petition is closed.