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2018 DIGILAW 4160 (MAD)

Vivek Bhardwaj v. Deepa Madhavan

2018-11-09

S.M.SUBRAMANIAM

body2018
JUDGMENT : 1. The Civil Revision petition on hand is filed against the order passed in I.A.No.98/2018 dated 16.08.2018. The Revision petitioner filed H.M.O.P.No.61/2017 for dissolution of marriage, which is now pending before the Sub-Court, Tambaram. 2. The respondent/wife in the H.M.O.P filed an Interlocutory Application in I.A.No.98/2018 for grant of interim maintenance on the ground that she is not gainfully employed anywhere. The learned Sub Judge, Tambaram, considering the facts and circumstances of the case, passed an order on 16th August 2010, granting an interim maintenance for the petitioner and challenging the same, the present Revision Petition is filed. 3. The learned counsel appearing on behalf of the Revision petitioner mainly contends that no opportunity was given to the Revision petitioner to establish that the respondent is gainfully employed. 4. The learned counsel for the petitioner urged this Court by stating that the respondent is a qualified Architect and gainfully employed and therefore, she is not entitled for any interim maintenance as sought for before the Trial Court. 5. This Court is of an opinion that mere acquisition of educational qualification by the wife cannot be construed that, she is gainfully employed otherwise the factum must be established by the husband before the Court and by producing necessary documents or by adducing evidences. Mere acquisition of educational qualifications is not a ground to deny the maintenance to the wife. In the present case, the contention of the Revision petitioner is that no opportunity was given by the Trial Court to establish his case before passing an order of interim maintenance. In view of the fact that the order of interim maintenance was passed without providing an opportunity, this Court is inclined to remand the matter for re-consideration. 6. In view of the facts and circumstances, the order passed by the Sub-Court, Tambaram in I.A.No.98 of 2018 in H.M.O.P.No.689 of 2018 dated 16.08.2018 is set aside. The matter is remanded back to the learned Sub Judge, Tambaram for reconsideration and to pass orders by affording opportunity to the Revision petitioner on merits and in accordance with law. The said exercise shall be done within a period of four weeks from the date of receipt of a copy of this order. 7. Thus, the Civil Revision Petition (SR) stands allowed. No costs. The connected miscellaneous petition is ordered accordingly.