N.SUNDRAM Vs. S.VEDHANAYAGI

JUDGEMENT

(1.) The husband, who had suffered an order for payment of interim maintenance of Rs.5000.00 per month in a petition filed by the wife under Sec. 24 of the Hindu Marriage Act, has come up with this Civil Revision petition.

(2.) The facts of the case leading to the Civil Revision Petition are as follows:

(3.) The petitioner / husband resisted the claim of the wife by contending that it is the petitioner who maintained the family out of the income he earned from a private company day and night and looked after his wife and children before becoming an advocate. But the respondent who is also employed would not spend money for the family. The respondent was helping her mother and sisters. Only after the year 2008, she was spending a partial amount out of her salary for the family. According to the husband, he is not drawing a sum of Rs.50,000.00 per month as alleged by the wife. He is a junior advocate practising under senior counsel and earning meagre sum only. In fact the respondent has deserted the petitioner in the year 2009 and she has been leading her wayward life with her elder sister without caring about her children and family. Further the respondent defames and humiliates the petitioner in public. The Children are living both at their father and mother's parents house. The respondent had sufficient income to maintain herself and the children are in the custody of both the petitioner and respondent. Hence, according to the petitioner, the claim for maintenance made by the respondent/wife is not maintainable.