T SARAVANAN Vs. SARASWATHI

JUDGEMENT

(1.) AGGRIEVED over the order of interim maintenance ordered to the Respondent/wife in I. A. No. 6 of 2002 in H. M. O. P. No. 39 of 2001, dated 26-08-2003 (on the file of Subordinate Judge, Dharmapuri), the Revision Petitioner/husband has preferred this revision.

(2.) THE marriage between the Revision Petitioner and the Respondent was solemnised on 19-11-1999. The Respondent had given birth to a male child on 6-8-2000. After the birth of the child difference arose between the parties. In view of the strained relationship, the spouses were separated and are living separately. The Revision Petitioner/ husband has filed H. M. O. P. No. 39 of 2001 for divorce. The Respondent/wife has filed H. M. O. P. No. 5 of 2002 for restitution of conjugal rights.

(3.) IN H. M. O. P. No. 39 of 2001 the Respondent/wife has filed I. A. No. 6 of 2002 claiming interim maintenance of Rs. 2912/- and litigation expenses of Rs. 3000/ -. That application was resisted by the Revision Petitioner/husband contending that he is employed in a private workshop and he is earning only an amount of Rs. 1200/- p. m. as wages. and that he is not in a position to pay the interim maintenance claimed by the Respondent.