R JEYACHANDRAN Vs. BANU

JUDGEMENT

(1.) THIS revision is directed against the order made in I. A. No. 1386/2001 in O. P. No. 1024/2001 by the II Additional Family Court, Chennai dated 24. 9. 2003, directing the Revision Petitioner/husband to pay interim maintenance of Rs. 4000/- per month.

(2.) THE marriage between the Revision Petitioner and the Respondent was solomnised on 2. 7. 1976. They have one adult son and a grown up daughter. The Revision Petitioner is said to be employed as a Driver in Port Trust. Differences arose between the spouses. The Revision Petitioner filed petition under section 13 (1) (i) (a) of the Hindu Marriage Act for divorce.

(3.) DURING the pendency of the matrimonial petition, the Respondent wife has filed I. A. No. 1386/2001, claiming maintenance of Rs. 7,000/- per month. That Application was resisted by the Revision Petitioner/husband contending that he has borrowed several hand loans from known persons and that he has financial commitments. It is also alleged that the wife is carrying finance business lending hand loan to known persons, out of which, she is earning income. It is also stated that an amount of Rs. 50,000/- has been deposited in the name of daughter Datchayani, for a period of five years with a maturity value of Rs. 80,937/- in Indian Bank. Further, it is said that the son Senthil Kumar is employed at TSN and earning income. Maintenance claim of wife is resisted on the ground she has sufficient means and that the Revision Petitioner husband is not liable to pay the amount.