R.SRINIVASAN Vs. V.HEMAPRIYA

JUDGEMENT

(1.) This revision petition has been filed seeking to set aside the order passed in M.C.No.289 of 2014 dated 17.03.2017 by the III Additional Family Court, Chennai, directing the revision petitioner / husband to pay a sum of Rs.5,000/- per month to the respondent / wife from the date of petition namely 08.07.2014.

(2.) For the sake of convenience, the parties herein are referred to as husband and wife.

(3.) The brief facts of the case is that the marriage between the parties was solemnized on 18.02.2008 at T.K.A.Thirumana Maligai, Villivakam, Chennai - 49 as per Hindu rites and customs. Later, the husband met with an accident on 19.05.2008, since the husband house was far away from the hospital, he started to stay in the parents house of the wife. On 25.07.2008, the husband went to job and came to home very late, thereafter, the husband behaved in a different attitude towards the wife, which resulted in the matrimonial dispute. Due to the misbehavior of the husband, the family members of the wife got mental depression. While so, the husband filed a petition in O.P.No.1237 of 2009 before the Principal Family Court, Chennai for divorce and the wife filed a petition in O.P.No.1903 of 2010 on the file of Principal Family Court, Chennai for restitution of conjugal rights. The Principal Family Court, Chennai allowed the petition for restitution of conjugal rights and dismissed the divorce petition filed by the husband. In spite of several request, the husband did not join the wife to lead a matrimonial life. Contending that the husband was employed in a private concern and earning an amount of Rs.15,000/- and that he is having house property in Manivakkam and getting rental income of Rs.20,000/- per month, the wife had filed a petition under Section 125 of the Cr.P.C seeking for payment of monthly maintenance of Rs.20,000/- per month.