LAWS(MAD)-2008-10-190

C LEELAKRISHNAN Vs. V DEVI

Decided On October 16, 2008
C. LEELAKRISHNAN Appellant
V/S
V. DEVI Respondents

JUDGEMENT

(1.) THIS revision has been filed by the petitioner against the order passed by the lower Court in I.A. No: 150 of 2007 in H.M.O.P. No: 594 of 2006 dated 24.10.2007, an order awarding a sum of Rs.1,500/- to the petitioner and a sum of Rs.1,000/- to the son of the parties and a sum of Rs.2,000/- towards litigation expenses as interim alimony payable in favour of the wife.

(2.) THE averments made by both the parties in support of their case are as follows:"Husband filed H.M.O.P. No: 594 of 2006 before the Family Court, Coimbatore. Wife filed I.A. No: 150 of 2007 seeking interim maintenance for herself and their son and also for litigation expenses. Wife claimed that the husband is earning a sum of Rs.7,500/- as salary and was also earning a sum of Rs.2,500/- through private jobs. Wife is not earning and hence, she is not able to maintain herself and also her son. Hence, this application was filed, seeking interim maintenance. In reply, husband had stated that all that is stated in the application filed by the wife is false and that he is earning only a sum of Rs.2,500/- per month and hence, this application should be rejected.".

(3.) THE learned counsel for the wife had submitted in his argument that the lower Court had considered the issue and had come to the conclusion that the petitioner husband is capable paying a sum of Rs.1,500/- to the petitioner and a sum of Rs.1,000/- to the son of the petitioner and also a sum of Rs.2,000/- towards litigation expenses and the allegation that the respondent was earning a sum of Rs.3,000/- as clerical assistant was not proved and therefore, the order passed by the lower Court need not be interfered with. THErefore, he had requested the Court to dismiss the revision petition.