LAWS(MAD)-2007-3-277

HENRY PAUL Vs. KARPAGAM ESTHER

Decided On March 26, 2007
HENRY PAUL Appellant
V/S
CHITRA NANCY Respondents

JUDGEMENT

(1.) THIS revision has been preferred against the order passed in M. C. No. 340 of 2004 on the file of the I Additional Judge, Family Court, Madras. The revision petitioner is the husband who is the respondent before the trial Court. His wife Karpagam Esther is the first petitioner and the second petitioner is Chitra Nancy minor daughter of them in M. C. NO. 340 of 2004.

(2.) THE wife, 1st respondent herein has filed M. C. No. 340 of 2004 before the Ist Additional Judge, Family Court, Madras under Section 125 Cr. P. C. for maintenance at the rate of Rs. 6000/- per mensum on the ground that her husband/revision petitioner/respondent was drawing a salary of Rs. 10,000/- per mensum. The revision petitioner/respondent remained exparte and an exparte order was passed by the trial Court on 11. 8. 2004 awarding Rs. 2,500/- per mensum towards maintenance for both the petitioners in M. C. No. 340 of 2004. Aggrieved by the findings of the trial Judge, the husband, revision petitioner/respondent in M. C. No. 340 of 2004 has preferred this revision.

(3.) THE learned counsel appearing for the revision petitioner would contend that the monthly salary of the revision petitioner is Rs. 3,880/- per mensum only, basing his argument on the letter written by India Bible Literature wherein admittedly the revision petitioner is employed. A reading of the said letter which was produced before this Court shows that the revision petitioner has been transferred to Kolkatta and his last drawn salary at India Bible Literature , Kolkatta was Rs. 3,880/- per mensum during 2004.