G KALAISELVI Vs. P PALANISAMY

JUDGEMENT

(1.) THIS revision is under Art.227 of the Constitution of India, challenging the order of Family Court, Salem, passed in I.A.No.59 of 1997 in F.C.O.P.No.405 of 1996, dated 5.2.1998.

(2.) RESPONDENT herein filed F.C.O.P/No.405 of 1996 for divorce, in which petitioner herein filed I.A.No.59 of 1997 for getting interim maintenance and litigation expenses, under Sec.24 of the Hindu Marriage Act. In the affidavit, it was stated that respondent herein is employed in a spinning mill and that he was getting a monthly income of not less than Rs.2,000, both from the salary and also from rental income from various tenants. She prayed for atleast Rs.2,000 towards litigation expenses.

(3.) LEARNED counsel for respondent/husband argued that he has to maintain the parents and that should be considered while fixing the quantum of alimony. The marriage itself was conducted while the parents were alive, and that cannot be an answer for not maintaining the wife properly. It is not an additional liability which the husband has to face after marriage.