R VENKATARAMAN Vs. S R MEENKASHI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the order dated 12th August, 2013 passed in I.A.No.1066 of 2012 in O.P.No.1090 of 2011 by the Principal Judge, Family Court, Chennai.

(2.) The appellant herein, as petitioner, has filed a petition in O.P.No.1090 of 2011 on the file of the Court below under section 13(1)(i-a) of Hindu Marriage Act, 1955, wherein the present respondent has been arrayed as sole respondent. During pendency of the same, the respondent, as petitioner, has filed I.A.No.1066 of 2012 under section 24 of the Hindu Marriage Act, 1955, praying to direct the petitioner in O.P.No.1090 of 2011 to pay interim maintenance of Rs.50,000/- per mensum, Rs.15,000/- for rental accommodation and Rs.50,000/- towards litigation expenses. The court below, after considering the divergent contentions raised on either side, has allowed I.A.No.1066 of 2012 in part and directed the respondent therein to pay a sum of 15,000/- per mensum as interim monthly maintenance. Against the order passed by the court below, the present Civil Miscellaneous Appeal has been preferred, at the instance of the respondent/petitioner as appellant.

(3.) The learned counsel appearing for the appellant has sparingly contended that the respondent/petitioner is having sufficient means to maintain herself and in fact, she is owning house and thereby, getting monthly rent and the court below, without considering the averments made in the counter filed in I.A.No.1066 of 2012 has erroneously allowed the same in part and therefore, the order passed by the court below is liable to be set aside.