KUMARAGURU Vs. KAMSALA

JUDGEMENT

(1.) THIS revision has been preferred against the order passed by the lower Court in I.A. No: 12 of 2008 in H.M.O.P. No: 42 of 2007 in awarding interim alimony of Rs.1,000/- per month and a sum of Rs.2,000/- for litigation expenses in the petition filed by the respondent before the lower Court seeking a monthly payment of Rs.3,000/- and a sum of Rs.5,000/- towards litigation expenses. The relevant facts as put forth by both the parties before the Courts below are as follows:"Husband is the plaintiff who filed H.M.O.P. No: 42 of 2007 before the Sub Court, Thiruvarur. The wife filed I.A. No: 12 of 2008 seeking maintenance on the ground that the husband is running a provision store with a monthly income of Rs.8,000/- and other than this, he is owning nanjai and punjai lands and is also letting out money for interest from which his yearly income is Rs.25,000/- and hence, he is duty bound to pay maintenance to her. The plaintiff claimed that the petitioner / wife has sufficient means to live. He is not running any stores and that the small petty shop, he had was closed two years back. He is not lending money and that he does not own any lands. He is working as an assistant with a cable T.V. operator and wiring mechanic and is earning Rs.1,000/- per month.".

(2.) THE lower Courts, after perusal of the allegations made in the affidavit and the counter affidavit, had come to the conclusion that the revision petitioner should have earned atleast a sum of Rs.3,000/- per month through coolie works even though he has stated to have eking out his livelihood by running a provision stores and also owning punja and nanja lands. THE Courts below have come to the conclusion that the reasons put forth by the husband are not reliable for the purpose of determining the interim alimony and only the requirement when wife is living at her father's house is whether she is earning and if it is not so the maintenance of the wife has to be meted out by the husband.