I.S.SELVAGANDHI Vs. K.G.UMASANKARI

JUDGEMENT

(1.) The Civil Revision Petition has been filed as against the fair and decreetal order dtd. 25/4/2019, passed by the learned II Additional District and Sessions Judge, Salem, in I.A.No.182 of 2018 in O.S.No.162 of 2018, thereby allowing the petition seeking interim maintenance under Sec. 24 of the Hindu Marriage Act r/w. Sec. 151 of C.P.C.

(2.) The petitioner is the husband and the respondent is the wife. The respondent filed suit in O.S.No.162 of 2018 seeking maintenance of Rs.12,00,000.00 per annum, on the ground that she got married the petitioner on 19/8/1988 and due to their wedlock, they gave birth to one son. Thereafter, there was a misunderstanding between them as such, the petitioner failed to maintain the respondent. She was driven out from the matrimonial home and she is living with her brother. She could not able to maintain herself. Therefore, she filed suit claiming maintenance and other prayers. While pending the suit, the respondent also filed an application in I.A.No.182 of 2018 under Sec. 24 of the Hindu Marriage Act, seeking interim maintenance of Rs.50,000.00 per month till the disposal of the suit. The said application was allowed as against which, the present Civil Revision Petition.

(3.) The learned counsel appearing for the petitioner submitted that suit itself is not maintenance before the civil Court and the civil Court has no jurisdiction to entertain the suit for seeking maintenance in favour of the petitioner and there is no cause of action for filing the suit itself. There was a family dispute between the petitioner and the respondent due to which she was driven out from the matrimonial home. She could not able to maintain herself and therefore, she filed suit seeking maintenance.