KARTHIKEYAN Vs. P. JAYANTHI (UNSOUND PERSON)

JUDGEMENT

(1.) IMPUGNING the order, dated 10.6.2013, passed by the Family Court, Pondicherry, in I.A. No. 175 of 2012 in M.O.P. No. 380 of 2010, this civil miscellaneous appeal has been filed.

(2.) THE appellant had filed M.O.P. No. 380 of 2010, before the Family Court, Pondicherry, for dissolution of his marriage, with the respondent, held on 26.8.2009. In the original petition, the respondent herein filed an application, in I.A. No. 175 of 2012, seeking interim maintenance of Rs. 5000/ - per month. The appellant resisted the application, by filing a detailed counter. The learned Judge, Family Court, Pondicherry, partly allowed the application, directing the appellant to pay a sum of Rs. 2000/ - per month, to the respondent, towards interim maintenance. The said order is under challenge in the appeal.

(3.) THE learned counsel for the appellant submitted that in the earlier original petition filed by the appellant, for restitution of conjugal rights, in O.P. No. 149 of 2010, the respondent had agreed to join with the appellant, but later, she did not come to the matrimonial home, which necessitated the appellant to file the subsequent original petition, for divorce. The learned counsel further submitted that the appellant is an unemployed and the respondent did not lead any evidence to prove the employment of the appellant and his liability to pay the interim maintenance. It is further submitted that the respondent/wife is an unsound person and therefore, the marriage itself is void ab initio and as such, the order impugned is liable to be set aside.