LIJO GEORGE Vs. SARAH RACHEL

JUDGEMENT

(1.) THIS civil miscellaneous appeal is directed against the order dated 22.6.2013, passed by the I Additional Family Court, Chennai, in I.A.No.1996 of 2011 in O.P.No.3763 of 2010.

(2.) THE appellant is the petitioner, in O.P.No.3763 of 2010, on the file of the I Additional Family Court, Chennai. He filed the original petition against his wife Mrs.Sarah Rachel, for dissolution of marriage solemnized, on 2.7.2006. In the original petition, the minor daughter of the petitioner, namely, Angeline, represented by her mother Sarah Rachel/respondent herein, had filed a petition, in I.A.No.1996 of 2011, seeking interim maintenance of Rs.8000/ - towards monthly expenses; Rs.8000/ - towards 'quarterly school expenses' and Rs.50,000/ - as litigation expenses. The appellant resisted the application. The learned I Additional Principal Judge, Family Court, Chennai, allowed the application directing the appellant to pay Rs.7,000/ - towards monthly maintenance and Rs.6000/ - towards quarterly school expenses of the child and Rs.10,000/ - towards litigation expenses. Aggrieved by the said order, the present appeal is filed.

(3.) LEARNED counsel for the appellant submitted that the Court below passed the order quite contrary to the proviso to Section 36 of the Divorce Act, 1869, by which, one -fifth of the average net income for the three years next preceding the date of the order, can be awarded as interim alimony. Moreover, the respondent is not even allowing the petitioner to speak to his daughter and that she has been taking adjournments, for more than three years, under the guise of filing counter, only with a view to drag on the proceedings. In those circumstances, the respondent is not entitled to claim interim maintenance from the appellant.