M MANI ALIAS MANI RATHINAM Vs. M PUSHPA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated 13.06.2011 granting interim maintenance in I.A. No: 222 of 2010 in F.C.O.P. No: 406 of 2009 on the file of the Family Court, Salem. Petitioner is the husband who filed the F.C.O.P. for divorce on the ground of dessert ion. Pending the Original Petition, the wife filed an interlocutory application under Section 24 of the Hindu Marriage Act seeking maintenance of Rs. 10,000/- per month and a sum of Rs. 25,000/- towards litigation expenses. The Family Court, on consideration of the case partly allowed the interlocutory application by directing the husband to pay a sum of Rs. 2,500/- per month as interim maintenance from 13.04.2010 till the disposal of F.C.O.P. No: 406 of 2009 and shall also pay a sum of Rs. 5,000/- towards litigation expenses. As against which this revision petition is filed.

(2.) Ms. D. Sathya learned counsel appearing for the revision petitioner would contend that the trial Court has not considered Ex.R.6-Settlement Deed executed by the respondent herein in favour of her daughter which would clearly show that the respondent herein had rental income of her own and, therefore, the Family Court has not considered the source of income of the respondent while coming to the conclusion to order interim maintenance.

(3.) Heard the learned counsel for the revision petitioner and perused the material documents available on record.