Research › Search › Judgment

Madras High Court · body

2007 DIGILAW 1067 (MAD)

Henry Paul v. Karpagam Esther & Another

2007-03-26

A.C.ARUMUGAPERUMAL ADITYAN

body2007
Judgment :- This revision has been preferred against the order passed in M.C.No.340 of 2004 on the file of the I Additional Judge, Family Court, Madras. The revision petitioner is the husband who is the respondent before the trial Court. His wife Karpagam Esther is the first petitioner and the second petitioner is Chitra Nancy minor daughter of them in M.C.NO.340 of 2004. 2. The wife, 1st respondent herein has filed M.C.No.340 of 2004 before the Ist Additional Judge, Family Court, Madras under Section 125 Cr.P.C. for maintenance at the rate of Rs.6000/- per mensum on the ground that her husband/revision petitioner/respondent was drawing a salary of Rs.10,000/-per mensum. The revision petitioner/respondent remained exparte and an exparte order was passed by the trial Court on 18. 2004 awarding Rs.2,500/-per mensum towards maintenance for both the petitioners in M.C.No.340 of 2004. Aggrieved by the findings of the trial Judge, the husband, revision petitioner/respondent in M.C.No.340 of 2004 has preferred this revision. 3. The learned counsel appearing for the revision petitioner would contend that the monthly salary of the revision petitioner is Rs.3,880/-per mensum only, basing his argument on the letter written by India Bible Literature wherein admittedly the revision petitioner is employed. A reading of the said letter which was produced before this Court shows that the revision petitioner has been transferred to Kolkatta and his last drawn salary at India Bible Literature , Kolkatta was Rs.3,880/- per mensum during 2004. 4. The order passed in M.C.No.340 of 2004 is only an exparte order. This Court feels that an opportunity must be given to the revision petitioner to substantiate his contention that he was drawing a sum of Rs.3,880/- per mensum only and not Rs.10,000/-as alleged by the petitioners in M.C.No.340 of 2004. The learned trial Court has fixed the maintenance amount as Rs.2,500/-per mensum only on the exparte evidence let in by P.W.1. Not even any pay certificate was produced before the trial Court by the petitioners in M.C.No.340 of 2004 to show the last drawn income of her husband /respondent in M.C.No.340 of 2004 . 5. The learned counsel appearing for the respondents represented that an interim order was passed in this revision in C.M.P.No.1417 of 2005 by this Court on 22. 2005 directing the petitioner Hendry Paul to deposit a sum of Rs.10,000/- towards maintenance. There was a conditional order passed in Crl.M.P.No.1417 of 2005. 5. The learned counsel appearing for the respondents represented that an interim order was passed in this revision in C.M.P.No.1417 of 2005 by this Court on 22. 2005 directing the petitioner Hendry Paul to deposit a sum of Rs.10,000/- towards maintenance. There was a conditional order passed in Crl.M.P.No.1417 of 2005. It is represented by the learned counsel appearing for the respondents that the said conditional order was complied with by the respondent in M.C.No.340 of 2004 and Karpagam Esther, the first petitioner in M.C.No.340 of 2004 was permitted to withdraw the said amount without any condition. 6. Under such circumstances, I feel that an interim order of maintenance is to be ordered before setting aside the order passed in M.C.NO.340 of 2004. 7. In fine, the revision is allowed, setting aside the order passed in M.C.NO.340 of 2004 with a condition that the revision petitioner shall pay an interim maintenance at the rate of Rs.1,500/- per mensum to the respondents till the disposal of M.C.No.340 of 2004. The said amount of interim maintenance with arrears is to be deposited on or before 4. 2007 to the credit of M.C.No.340 of 2004 on the file of 1st Additional Judge, Family Court, Madras. Otherwise, the petition shall stand dismissed without any reference to this Court. On such deposit, the first respondent herein /first petitioner in M.C.No.340 of 2004 is permitted to withdraw the said amount without furnishing any security.