- (1.)THE petitioner/wife has filed the present civil revision petition as against the order dated 04. 03. 2008 in I. A. No. 37 of 2006 in H. M. O. P. No. 25 of 2006 passed by the Subordinate Judge, Mannargudi in ordering a sum of Rs. 500/- to be paid by the respondent/husband to the revision petitioner towards maintenance from 01. 01. 2008 till the date of disposal of the main HMOP.
(2.)THE learned counsel for the revision petitioner/wife contends that the respondent/husband is serving as a Secondary Grade Teacher in Panchayat Middle School, Eda Keelayur, Mannarkudi Taluk and this aspect of the matter has not been taken note of by the trial Judge when the meagre sum of Rs. 500/- has been awarded and the same is unsustainable in law and the trial Court has committed an error in not taking note of the statement made by the respondent/ husband during cross examination in interim application and therefore, prays for allowing the civil revision petition and to set aside the order passed in I. A. No. 37 of 2006.
(3.)THE learned counsel for the respondent/husband submits that the respondent/husband has filed a divorce petition against the petitioner/wife H. M. O. P. No. 25 of 2006 on the file of Sub Court, Mannargudi on the ground of adultery and that in the enquiry conducted by officials of the police department, it has been concluded that the petitioner/wife had illicit intimacy with Balamurugan for a long time and finally the charge of misconduct has been proved against the petitioner/wife and that she has been removed from service and that the maintenance application filed by the petitioner/ wife under Section 125 of Cr. P. C. on the file of Judicial Magistrate, Cuddalore in C. M. P. No. 31 of 2006 has been dismissed for non-prosecution and suppressing this fact the petitioner/wife has filed interim application in I. A. No. 37 of 2006 in H. M. O. P. No. 25 of 2006 in which the trial Court has ordered an interim maintenance of Rs. 500/- per month and that the respondent/husband is a Secondary Grade Teacher with a salary of Rs. 10,000/- and after deduction, his take home salary is Rs. 5,000/- and that since the petitioner/wife has been removed from service for her proved misconduct the respondent/ husband is not bound to pay any maintenance and therefore, prays for dismissing the revision petition.