ARUL XAVIER Vs. ROSE ANTONY JOICE

JUDGEMENT

(1.) Challenging the order dated 04.07.2016 passed in I.A.No.44 of 2012 in I.D.O.P.No.197 of 2011 on the file of the learned District Judge, Kanyakumari District @ Nagercoil, the petitioner has filed this Civil Revision Petition.

(2.) The petitioner has filed I.D.O.P.No.197 of 2011 to dissolve the marriage between the petitioner and the respondent. Resisting the I.D.O.P., the respondent filed counter.

(3.) Pending I.D.O.P., the respondent filed I.A.No.44 of 2012 seeking interim maintenance of Rs. 50,000/- to her as alimony pendente lite and Rs. 10,000/- towards litigation expenses alleging that the petitioner has failed to perform his matrimonial obligations and failed to pay necessary living expenses and made the respondent and her two children to stay without any cause. Since the respondent has no employment, she filed suit in O.S.No.19 of 2004 against the petitioner and the said suit was decreed on 05.01.2005. As against the decree in O.S.No.19 of 2004, the petitioner has filed appeal with delay condonation petition. Though the delay condonation petition was allowed with terms, till date the appeal has not been numbered. It is alleged that despite having sufficient income, the petitioner has failed to maintain the respondent and her children. According to the respondent, the petitioner was earning more than Rs. 1,00,000/- per month from the yield of the property owned by him and in fact, there was a maintenance arrears of Rs. 7,88,500/- as per the decree in O.S.No.19 of 2004. Therefore, the respondent sought interim maintenance of Rs. 50,000/- till the disposal of the main petition.