LAWS(MAD)-2018-1-1056

M. PALANISAMY Vs. P. PADMINI

Decided On January 05, 2018
M. PALANISAMY Appellant
V/S
P. Padmini Respondents

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the judgment and decree dated 10.06.2014 made by the learned I Additional District Judge, Coimbatore in C.M.A.No.47 of 2013 against the fair and decretal order dated 01.10.2013 made in I.A.No.134 of 2012 in O.S.No.416 of 2012 on the file of the III Additional Sub-ordinate Judge, Coimbatore.

(2.) The petitioner / husband is the defendant and respondent / wife is the plaintiff in O.S.No.416 of 2012 on the file of the III Additional Subordinate Judge, Coimbatore. The respondent filed the said suit against the petitioner for a direction to the petitioner to pay a sum of Rs. 7,500/- as monthly maintenance and to create a charge over the suit schedule property for the due payment of maintenance, partition and for permanent injunction restraining the petitioner from alienating the respondent's 1/2 share of the suit properties.

(3.) The respondent filed I.A.No.134 of 2012 under section 151 of C.P.C for a direction to the petitioner to pay Rs. 7,500/- per month as interim maintenance to the respondent till the disposal of the suit. According to the respondent, the petitioner is a building contractor and doing real estate business and is earning Rs. 60,000/- per month. The petitioner is not maintaining the family. The respondent with great difficulty is maintaining herself. She is not having any independent income. In addition she made various allegations against the petitioner.