KAYA LVIZHI Vs. A SHANMUGAM

JUDGEMENT

(1.) The petitioner is the wife of the respondent. She has come up with this revision challenging the order dated 07.08.2012 made in I.A. No. 1204 of 2012 in H.M.O.P. No. 247 of 2008 on the file of the learned Principal District Judge, Salem. The facts leading to this revision are as follows:- The respondent herein, earlier filed H.M.O.P. No. 114 of 1999 against the petitioner herein for judicial separation. During the pendency of the same, the petitioner herein filed I.A. No. 220 of 2000 seeking interim maintenance pending disposal of the H.M.O.P. No. 114 of 1999 and also for litigation expenses. The learned Subordinate Judge, Erode allowed the said interim application thereby directing the respondent herein to pay a sum of Rs. 10,000/- per month towards maintenance. Challenging the same, the respondent filed revision in C.R.P. No. 2380 of 2004 before this Court. This court, by order dated 08.09.2006, modified the order of the learned Subordinate Judge and directed the respondent to pay a sum of Rs. 6,000/- per month towards maintenance.

(2.) According to the petitioner, in pursuance of the said order for interim maintenance, the maintenance amount was not paid by the respondent. Therefore, the petitioner filed an execution petition in E.P. No. 200 of 2002 and the same was pending. During that time, the respondent paid a sum of Rs. 1,10,000/- towards arrears. As per the order of this Court 75% of the said amount has already been withdrawn by the petitioner. It is the further contention of the petitioner that thereafter no more amount was paid towards interim maintenance.

(3.) While so, the said H.M.O.P. No. 114 of 1999 was dismissed for default on 25.02.2002. The same was not later on restored.