M SANTHI Vs. P R MANOHARAN

JUDGEMENT

(1.) THIS revision relates to a matrimonial dispute. The respondent who is the husband of the revision petitioner filed the HMOP. No:139 of 2004 for dissolution of the marriage between them and for other reliefs. Pending the said HMOP, the wife filed I. A. No: 244 of 2004 for interim alimony and the said petition was allowed granting an interim alimony of Rs. 4000/= per month. Pending trial of the HMOP, the wife again filed I. A. No. 50 of 2006 seeking for a permanent alimony of Rs. 10,000/= per month.

(2.) THE respondent also filed a counter to the said I. A. , contending that after deduction he is only drawing a salary of Rs. 5,037/=. The revision petitioner belongs to a rich family and is now living with her parents. Her father is having a shopping mall and receiving Rs. 75,000/= as rent per month, apart from a Paper Mill in the name of Sri Andal Paper Mills (P) Ltd. , and by their family business they are earning not less than a lakh of rupees per month. The revision petitioner is living in her bungalow worth of Rs. 20,00,000/= situate at Thirunagar Colony, Erode. The petitioner already filed MCOP No. 20 of 2004 before the CJM, Erode, but did not prosecute the matter and it came to be dismissed for the petitioner's continuous absence. Even for settlement talks the petitioner is not amenable when the matter was referred to Lok Adalath. Along with the counter affidavit, the respondent has filed documents viz. , list of jewellary, settlement deed, encumbrance certificates, insurance premium, and salary particulars of the respondent.

(3.) PENDING enquiry of the said Interlocutory Application, the respondent/husband also filed a Memo contending that the I. A. , for permanent alimony requires examination of parties and producing the documents to arrive at a correct decision and therefore the said I. A. , shall be taken by a separate enquiry. For such a memo the wife also filed an objection stating that there is no provision contemplated that separate enquiries for deciding application for divorce and permanent alimony. The trial procedure is only one and there can be no separate trials in the same case.