N VAJIRAVELU @ RAMKUMAR Vs. KALAISELVI @ SELVI

JUDGEMENT

(1.) Challenging the order of interim maintenance by the Family Court in I.A.No.1393 of 2008 in F.C.O.P.No.2411 of 2005 on the file of the Principal Family Court, Chennai, the husband has filed the above Civil Revision Petition.

(2.) The respondent/wife filed the application in I.A.No.1393 of 2008 under Section 24 of the Hindu Marriage Act, 1955, seeking interim maintenance of Rs.5,000/- p.m. and litigation expenses of Rs.10,000/-.

(3.) It is not in dispute that the petitioner and the respondent got married on 3.6.1990 and out of the wedlock, they got two children. It is also not in dispute that the children are with the respondent/wife. In the affidavit filed in support of the petition, the respondent/wife has stated that she is working in Reserve Bank of India and her Salary Certificate was marked as Ex.P1. The family Court had taken into consideration Ex.P.1 Salary Certificate and found that the respondent/wife's gross salary was Rs.15,015/- and the total deduction was Rs.10,663/- and the net salary was Rs.4,352/-. Ex.P.2 also proves that she availed various loans. Son of the petitioner and the respondent was studying 10th Standard and a sum of Rs.10,000/- was paid towards his educational expenses for the year 2010-11. From Ex.P.1, it is very clear that the respondent's take home salary was only Rs.4,352/- and out of this amount, she has been maintaining herself along with her two children. The petitioner/husband has not contributed any money towards the welfare of the children so far.