S JAYANTHI Vs. S JAYARAMAN

JUDGEMENT

(1.) THIS revision arises from a divorce proceeding initiated by the respondent herein as H.M.O.P. No.478 of 1994, on the file of Subordinate Judge, Krishnagiri. When the wife received notice of the divorce petition, she filed an application under Sec.24 of the Hindu Marriage Act, seeking interim alimony and litigation expenses. According to her, she has no means to support herself and she is completely depending on others for her maintenance. It is further averred that her husband is getting more than Rs.5,500 as monthly income. So, according to status, she requires at least Rs. 1,000 per month as maintenance. She also claimed Rs.5.000 as litigation expenses.

(2.) RESPONDENT herein filed a detailed counter. According to him, the wife has got other means to support herself and, therefore, the petition is not maintainable. He also said that the monthly income alleged in the petition is not correct, though he admitted that he is an employee as alleged by the wife. He said that he is not getting Rs.5,500 as monthly income but only Rs.3,000. He said that his aged mother and other relations are depending on him for their subsistence and therefore, the petitioner's claim is exaggreated. He prayed for dismissal of the petition.

(3.) NOT satisfied with the order, wife has filed this petition challenging the correctness of the order. According to her, she is entitled to claim maintenance from the date of petition and the quantum awarded is also too low. The litigation expenses awarded is also meagre and it will not be sufficient to meet even the travelling expenses from her residence to court very often.