D PRADEEP KUMAR RAO Vs. D LATHABAI

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the fair and decretal order dated 20.01.2012 passed by the III Additional Family Court, Chennai, in I.A. No. 2589 of 2009 in O.P. No. 1179 of 2009, granting interim maintenance of Rs. 4,000/- per month from the date of filing of the Petition in addition to delivery expenses of Rs. 10,000/- and Rs. 5,000/- towards litigation expenses. With regard to payment of arrears of maintenance, four months time was granted. Revision Petitioner is the husband who filed the F.C.O.P. No. 1179 of 2009 to declare that the marriage held on 31.10.2008 between him and the Respondent as null and void. Pending the Original Petition, the Respondent Wife filed an Interlocutory Application in I.A. No. 2589 of 2009 claiming a sum ofRs. 15,000/- per month towards interim maintenance for herself and the child; Rs. 50,000/- towards delivery expenses and Rs. 5,000/- towards litigation expenses.

(2.) The Trial Judge, after consideration of the materials placed before her, held that it is duty of the husband to give maintenance when the wife is living separately and considering the cost of living and other expenses to be met out for the livelihood fixed Rs. 4,000/- as interim maintenance from the date of filing of the Petition and ordered that a sum of Rs. 10,000/- be paid by the husband towards delivery expenses and a sum of Rs. 5,000/- towards litigation expenses was also directed to be paid. The learned Trial Judge also granted four months time to the husband to pay the accumulated arrears. As against the same, the husband is before this Court in this Civil Revision Petition.

(3.) Heard the learned Counsel appearing for the Revision Petitioner and perused the material documents made available on record.