L YUVARAJ Vs. KIRUBAARANI DEVI

JUDGEMENT

(1.) INVEIGHING the order 23-10-2008 passed in LA. No. 163 of 2007 in HMOP no. 89 of 2007 by the Family Court, Salem, this civil revision petition is focussed.

(2.) THE gist and kernal, the pith and marrow of the relevant facts, which are germane for the disposal of this revision petition, would run thus : the revision petitioner herein filed the fcop. No. 89 of 2007 before the Family court, Salem, seeking divorce under section 13 (1) (1-a) of the Hindu Marriage Act on the ground of cruelty. The respondent filed the LA. No. 163 of 2007 under Section 24 of the Hindu Marriage Act seeking interim maintenance for herself and in favour of the minor child born to the petitioner and the respondent. During enquiry, the revision petitioner examined one Yuvaraj as R. W. 1. Ultimately the Family Court awarded Rs. 5000/- per month payable by the revision petitioner in favour of the respondent towards interim maintenance of the respondent and the minor child, in addition to having awarded a sum of Pis. 5000/- towards litigation expenses payable by the husband to the wife. Being disconcerted and aggrieved by the order of the Family Court, this revision is focussed on various grounds, inter alia thus : the order of the Family Court is against law and weight of evidence, as without any material evidence to prove the financial wherewithal of the husband, he was directed to pay such a huge sum as interim maintenance and costs. Even though the revision petitioner disowns the minor child as that of his, nonetheless the Family Court'simply ordered maintenance to be paid by the revision petitioner in favour of the respondent and the minor child. The Family Court failed to take into account that every citizen had to file nil income tax returns and that simply because Income-tax returns are alleged to have been filed by the revision petitioner, there is no presumption that he had huge income.

(3.) DESPITE printing the name of the counsel for the revision petitioner and the name of the respondent, no one appeared.