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2013 DIGILAW 2019 (MAD)

N. Vajiravelu @ Ramkumar v. Kalaiselvi @ Selvi

2013-06-14

M.DURAISWAMY

body2013
JUDGMENT 1. Challenging the order of interim maintenance by the Family Court in I.A.No.1393 of 2008 in F.C.O.P.No.2411 of 2005 on the file of the Principal Family Court, Chennai, the husband has filed the above Civil Revision Petition. 2. The respondent/wife filed the application in I.A.No.1393 of 2008 under Section 24 of the Hindu Marriage Act, 1955, seeking interim maintenance of Rs.5,000/- p.m. and litigation expenses of Rs.10,000/-. 3. It is not in dispute that the petitioner and the respondent got married on 3.6.1990 and out of the wedlock, they got two children. It is also not in dispute that the children are with the respondent/wife. In the affidavit filed in support of the petition, the respondent/wife has stated that she is working in Reserve Bank of India and her Salary Certificate was marked as Ex.P1. The family Court had taken into consideration Ex.P.1 Salary Certificate and found that the respondent/wife's gross salary was Rs.15,015/- and the total deduction was Rs.10,663/- and the net salary was Rs.4,352/-. Ex.P.2 also proves that she availed various loans. Son of the petitioner and the respondent was studying 10th Standard and a sum of Rs.10,000/- was paid towards his educational expenses for the year 2010-11. From Ex.P.1, it is very clear that the respondent's take home salary was only Rs.4,352/- and out of this amount, she has been maintaining herself along with her two children. The petitioner/husband has not contributed any money towards the welfare of the children so far. 4. Though the respondent/wife had claimed a sum of Rs.5,000/- towards monthly maintenance and Rs.10,000/- towards litigation expenses, the Principal Family Court awarded only Rs.2,000/- towards monthly maintenance and Rs.5,000/- towards litigation expenses. According to the petitioner/husband, he is working as a coolie in a private shop earning Rs.50/- per day. However, he has not produced any document to show that he was earning only Rs.50/- per day. Having married the respondent/wife, it is the petitioner's duty to maintain herself and their children. In the case on hand, the petitioner has not taken any steps to take care of the respondent/wife as well as their children. In these circumstances, the award of Rs.2,000/- per month by the Family Court towards monthly maintenance and a sum of Rs.5,000/- towards litigation expenses is just and proper. 5. As such, I find no merits in the Civil Revision Petition and is liable to be dismissed. In these circumstances, the award of Rs.2,000/- per month by the Family Court towards monthly maintenance and a sum of Rs.5,000/- towards litigation expenses is just and proper. 5. As such, I find no merits in the Civil Revision Petition and is liable to be dismissed. Accordingly, the civil revision petition is dismissed. Consequently, connected miscellaneous petition is closed. However, there shall be no order as to costs.