S ARAVIND Vs. SOWMIYA

JUDGEMENT

(1.) The order dated 19.09.2017 passed in I.A.No.552 of 2017 in FCOP.No.135/2017 by the learned Family Judge, Erode, awarding interim maintenance at the rate of Rs.10,000/- per month to the respondent / wife, is under assail in this appeal, at the instance of the appellant / husband.

(2.) Shorn of the minute details, the facts, which are germane and necessary for the disposal of this appeal, are as follows:

(3.) Reiterating the averments made in the counter affidavit filed by the appellant / husband in I.A.No.552/2017, the learned counsel for the appellant / husband contended that the respondent / wife is having sufficient means to maintain herself as well as to meet out the expenses of the proceedings, whereas, the appellant / husband is finding it difficult to repay the loan amount and lead his day-to-day life, by getting income in operation of the mini bus. However, without considering the same in proper perspective, the Family Court directed the appellant / husband to pay a sum of Rs.10,000/- towards interim maintenance, to the respondent/ wife, which is erroneous, unfair and arbitrary and is hence, liable to be set aside.