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2010 DIGILAW 3660 (MAD)

K. Srinivasan v. Niranjani alias Nagalakshmi

2010-08-20

K.MOHAN RAM

body2010
Judgment :- 1. The petitioner in the above Civil Revision Petition is the husband of the respondent herein. The respondent has filed O.P.No.3336 of 2008 before the Principal Judge, Family Court, Chennai, for divorce. Pending the said OP, the respondent has filed I.A.No.4277 of 2009 seeking interim maintenance for her. The Court below has directed the petitioner herein to pay a sum of Rs.3,000/- as monthly maintenance. Being aggrieved by that, the above Civil Revision Petition has been filed by the respondent. 2. Heard the learned counsel on either side. 3. Learned counsel for the petitioner submitted that the petitioner is earning a sum of Rs.17,000/- per month, as Lecturer in ITI – JEE, Hyderabad. She further submitted that in the affidavit filed in support of the maintenance petition, the respondent herein herself has admitted that she is employed and getting a very low salary, but has not produced her salary certificate to prove the quantum of salary received by her. She further submitted that unless the respondent herein proves to the satisfaction of the Court that she is unable to maintain herself, she is not entitled to claim any maintenance. She further submitted that the Court below has not properly considered the facts and circumstances of the case. 4. Countering the said submissions, the learned counsel for the respondent submitted that though the respondent was employed as a Proof Reader in a Printing Press, for a period of two-and-half years, thereafter, as she has to take care of her aged and sick mother, she has resigned the job and as such she is jobless and she is not having any regular income. She further submitted that considering the income earned by the petitioner, the sum of Rs.3,000/- per month, ordered by the Court below as monthly maintenance, cannot be said to be on the higher side. 5. I have considered the said submissions made by the learned counsel on either side and perused the materials available on record. 6. It is seen that neither the petitioner nor the respondent have produced any evidence regarding the salary of the respondent, but it is admitted by the petitioner herein that he is earning a monthly salary of Rs.17,000/-per month. Now the contention of the respondent is that she is jobless as she has resigned her job as a Proof Reader in a Printing Press. Now the contention of the respondent is that she is jobless as she has resigned her job as a Proof Reader in a Printing Press. The petitioner is also not in a position to say as to the nature of the job of the respondent herein and the respondent has not stated anything regarding the quantum of salary received by her. In such circumstances, the Court below has directed the petitioner to pay a monthly maintenance of Rs.3,000/-taking into consideration of the fact that the petitioner is earning Rs.17,000/-per month. I do not find any error much less any jurisdictional error in the order passed by the Court below. 7. For the aforesaid reasons, the above Civil Revision Petition fails and the same is dismissed. No costs. Consequently, the connected MP is closed.