P SOLOMAN SUKUMAR Vs. LATHA MADHURI

JUDGEMENT

(1.) Against the order passed by the Judge, Family Court, Hyderabad in LA. No. 806 of 1996 in O.P.No. 1323 of 1995, allowing the application of the respondent-wife for interim maintenance, this Civil Revision Petition was filed.

(2.) The Court below granted Rs. 1000/- towards interim maintenance of the respondent - wife, Rs. 500/- towards the interim maintenance to the minor child and Rs. 600/- towards expenses for each day's hearing and Rs.2,000/- towards legal expenses in conducting the proceedings of the case. The wife resides in Palakol in West Godavari District and the husband is a resident of Secunderabad and both are Christians by religion.

(3.) The learned Counsel for the petitioner - husband says that petitioner's monthly income is only Rs. 5,000/- and under Section 36 of the Indian Divorce Act, the alimony granted pendente lite should not be in excess of one fifth of the husband's average net income for three preceding years and that there is no provision in the Act for granting interim maintenance to the minor child.