M S BHAVANI Vs. S RAJESH KANNAN

JUDGEMENT

(1.) This appeal has been filed by the appellant, not being satisfied with the quantum of pendente lite maintenance awarded by the Family Court, Chengalpattu in and by the order dated 02.04.2018 passed in I.A. No. 103 of 2018 in O.P. No. 109 of 2017.

(2.) The respondent herein has filed O.P. No. 109 of 2017 before the Family Court, Chengalpattu contending that he married the appellant on 09.09.2013 and the marriage was solemnised at D.V. Rani Mahal Thirumana Mandapam, Chenglapattu as per Hindu rites and customs. Due to the wedlock, on 23.09.2015, a male child was born. According to the respondent, the appellant deserted his matrimonial company without any just or sufficient reason, hence, he filed HMOP No. 109 of 2016 before the Family Court, Chengalpattu for restitution of conjugal rights. Subsequently, on 20.12016, the respondent filed a memo seeking to withdraw HMOP No. 109 of 2016 with liberty to file a petition for dissolution of marriage on the ground of desertion. Accordingly, HMOP No. 109 of 2016 was dismissed as withdrawn on 20.12016. Thereafter, the respondent has filed the instant FCOP No. 109 of 2017 for dissolution of the marriage on the ground of desertion.

(3.) On notice, the appellant filed I.A. No. 103 of 2018 in FCOP No. 109 of 2017 contending that after the birth of the child, the respondent left her in the lurch and did not care even to see her and the minor child in her parents house. The appellant is not employed and she is fully depended on her parents for even petty expenses for herself and the minor child. On the other hand, the respondent is working in Bahrain and is earning 2000 Bahrain Dinars per month which is equivalent to 3,50,000/- Indian rupee. The respondent, as a father, is having a legal obligation to provide maintenance to the appellant and the minor children. On the contrary, he is spending the entire amount received as monthly salary for himself, his parents and sisters without providing any amount to her towards maintenance. As she has no wherewithal and is not resourceful enough to maintain herself and the minor child, the appellant has filed I.A. No. 103 of 2018 praying to direct the respondent to pay a sum of Rs. 30,000/- as monthly maintenance to herself, Rs. 35,000/- as monthly maintenance to the minor son Pragadeeshwaran and Rs. 15,000/- per month towards litigation expenses.