KINGSTON Vs. PRIYAKA

JUDGEMENT

(1.) Being aggrieved over the award of interim maintenance, the husband has filed this appeal.

(2.) The marriage between the appellant and respondent was solemnised on 24/8/2020. Alleging that the respondent caused mental cruelty, the appellant filed divorce petition in DOP.No.33/2022 on the file of the Family Court, Thoothukudi. Pending divorce petition, the respondent/wife filed I.A.No.3 of 2022 in D.O.P.No.33 of 2022 seeking interim maintenance. The Family Court after hearing both sides by impugned order, has awarded interim maintenance of Rs.7,500.00 from the date of divorce petition along with costs of Rs.10,000.00 payable by the appellant to the respondent. Aggrieved by the fixation of interim maintenance amount, the husband is on appeal.

(3.) Learned counsel for the appellant contended that without considering the fact that the appellant is earning a meagre sum of Rs.6,000.00 as monthly income, the Family Court has erroneously fixed the exorbitant sum of Rs.7,500.00 as monthly maintenance. He further submitted that suppressing the mutual dissolution agreement entered into between the appellant and respondent, the respondent filed interim maintenance petition with unclean hands which the Family Court failed to appreciate. Thus, he submitted that the impugned order is liable to be set aside.