S VIJAYAKUMAR Vs. K MEHKALA

JUDGEMENT

(1.) This Appeal has been filed by the appellant/husband challenging the interim maintenance of Rs.10,000/- per month awarded by the Additional Principal Family Court at Coimbatore in the application in I.A.No.234 of 2016 in H.M.O.P.No.614 of 2014 filed by the respondent/wife under Section 24 of the Hindu Marriage Act.

(2.) The marriage between the appellant/husband and the respondent/wife was solemnized on 31.08.2014 as per the Hindu Rites and Customs. Due to the wedlock, a child was born. Subsequently, due to the matrimonial disputes, the appellant/husband has filed a petition in H.M.O.P.No.614 of 2015 on the file of the Additional Principal Family Court at Coimbatore under Section 12(1)(d) of the Hindu Marriage Act, seeking to annal the marriage, stating that the respondent/wife had already got married to one Sivakumar on 11.07.2013 and at the time of marriage with the appellant, she was pregnant and fraudulently suppressing all those facts, she was given in marriage to the appellant. But, the respondent/wife had denied the said allegations, by filing a counter stating that though she had married one Sivakumar on 11.07.2013, subsequently she got divorce from the said Sivakumar in H.M.O.P.No.79 of 2014 on the file of the Sub-Court at Udumalaipet, by order dated 30.09.2014; that prior to the marriage with the appellant, those facts were also informed to the family members of the appellant. Thus, the respondent/wife sought for dismissal of the OP.

(3.) Pending the main OP, the respondent/wife has filed an Interlocutory application in I.A.No.234 of 2016 in H.M.O.P.No.614 of 2015 under Section 24 of the Hindu Marriage Act, seeking to direct the appellant/husband to pay a sum of Rs.25,000/- per month to her towards interim maintenance, stating that the appellant/husband is working as Deputy Manager in VE Commercial Vehicles at Indur, Madhyapradesh and getting salary above Rs.1,50,000/- per month and he owns a house in Ondipudur, Coimbatore and doing finance business and earning an income of Rs.50,000/- per month. Thus, the respondent/wife sought for interim maintenance.