D NIRMALA DEVI Vs. V M DHANASEKARAN

JUDGEMENT

(1.) THIS Civil Revision Petition is filed against the order dated 7-8-2006 made in I. A. No. 269 of 2005 in H. M. O. P. No. 165 of 2004 passed by the learned Principal Sub- ordinate Judge, Erode.

(2.) THE revision petitioner was married to the respondent on 16-3-2000 at Erode as per the Hindu customary rites. According to the petitioner, her father spent nearly a crore of rupees towards the expenses for the marriage and the dowry demanded on the side of the respondent. The petitioner alleges that the respondent and his parents always harassed the petitioner both physically and mentally. In such circumstances, the re-spondent initiated proceedings for divorce 5 on the ground of cruelty in HMOP No. 165 of 2005 before the learned Prl. Subordinate judge, Erode, which, the petitioner/wife is resisting.

(3.) WHILE that being so, the petitioner joined a Post Graduate course in Management with Sathyabama University, Jeepiar education Trust, Chennai where she is doing her first year MBA and is staying at virugambakkam, Chennai as a paying guest. Thus she is required to pay fees for the course and she needs money to maintain herself. According to the petitioner, till finality is reached in the said divorce petition, the respondent is liable to maintain the petitioner in accordance with his status, especially when the petitioner does not have any independent income of her own. Accord-" ing to the petitioner, the means possessed by her father cannot be a ground for the respondent to refuse payment of interim alimony. Therefore she filed LA. 269 of 2005 in the pending Divorce Petition claiming a sum of Rs. 30. 000/- as monthly maintenance. Though the learned Prl. Subordinate judge, found that the respondent is liable to pay maintenance, however ordered only a sum of Rs. 2. 500/- per month without taking into consideration the copy of sale deeds, annual rental valuation certificates and adangal extracts to prove the income of the respondent. Hence this revision.