ARUMUGAM Vs. ANBAZHAGI AND ANOTHER

JUDGEMENT

(1.) Aggrieved by the order of the Family Court, Pondicherry dated 08-11-1999 made in M.C.No.5/1999, granting maintenance at the rate of Rs.200/- per month in favour of first respondent-wife and Rs.300/- per month in favour of 2nd respondent-minor son, the petitioner has preferred the above Revision.

(2.) Heard the learned counsel for the petitioner as well as respondents.

(3.) There is no dispute with regard to the marriage between the petitioner and the first respondent, and a son (2nd respondent herein) born to them. The only contention raised before this Court is that since the first petitioner/first respondent herein-wife is possessed of three hand-looms and getting income, the order of the learned Judge of the Family Court, granting maintenance at the rate of Rs.200/- p.m. in her favour is not warranted. In the light of the said contention, I have carefully considered the evidence of both sides and the relevant discussion of the learned Judge of the Family Court. It is true that the wife in her evidence as P.W.1 has admitted that she is possessed of three hand-looms and the same are being run with the assistance of coolies. However, according to her, the income derived from the hand-looms is not sufficient for her day-to-day life. The learned Family Court Judge has also considered the income of R.W.1 which shows that he is also possessed of hand-looms and getting reasonable income. I am satisfied that while fixing maintenance in favour of the first petitioner/first respondent herein-wife, the Family Court considered the income of the wife as well as her husband and in view of the fact that she is possessed of 3 hand-looms, granted only a sum of Rs.200/- per month. In such a circumstance and in the light of the specific assertion of P.W.1 that the income from the hand-looms is not sufficient for her maintenance, the amount of Rs.200/- per month fixed by the Family Court cannot be said to be either excessive or unreasonable. There is no dispute regarding the amount fixed in favour of the minor son.