S SIVARAJ Vs. K KALAISELVI

JUDGEMENT

(1.) The petitioner and the respondent are husband and wife and their marriage had taken place way back in the year 2013. Pursuant to the difference of opinion between them, the petitioner / husband had filed a petition in HMOP No.35 of 2015 before the learned Sub Judge, Chidambaram seeking divorce and the respondent / wife has preferred a case under the provisions of Domestic Violence Act in M.C.No.29 of 2015 before the learned Judicial Magistrate, Sirkali against the petitioner and his relatives. During the pendency of the maintenance case, the respondent has filed a petition in CMP 7098 of 2015 in M.C.No.29 of 2015 seeking interim maintenance. The learned Judicial Magistrate, Sirkali, upon consideration of both sides, directed the petitioner / husband to pay interim maintenance of Rs.15,000/- per month to the respondent / wife, against which, the appeal preferred by the petitioner in Crl.A.No.7 of 2016 on the file of District and Sessions Judge, Nagapattinam also got dismissed. Aggrieved over the same, the petitioner / husband is before this Court, seeking modification of the maintenance amount.

(2.) Heard the learned counsel for the petitioner. There was no representation on behalf of the respondent / wife and therefore, on 13.02018, this Court appointed one Mr.D.B.R.Prabu as a Legal Aid Counsel to assist the Court. Perused the records.

(3.) Learned counsel for the petitioner has submitted that the petitioner had filed a petition for divorce in HMOP No.35 of 2015 on the file of the learned Sub Judge, Chidambaram and only thereafter, as a counter blast, the respondent / wife has chosen to file a Domestic Violence case in M.C.No.29 of 2015 against her husband and in-laws. It was submitted that both the petitioner and the respondent lived in Lakshwadeep and therefore, the question of harassment inflicted upon her by her in-laws does not arise at all.