MANOKARAN ALIAS RAMAMOORTHY Vs. M DEVAKI

JUDGEMENT

(1.) Aggrieved by the order of the Principal Family Court, Madras dated 25-7-2002, made in I.A. No. 1058/2001 in O.P. No. 1310/2000, granting interim maintenance at the rate of Rs. 570/- per month and litigation expenses of Rs. 1,500/- the husband has preferred the above Revision under Art. 227 of the Constitution.

(2.) The petitioner /husband has preferred the said O.P. for divorce under Section 13(1)(1a) and (1b) of the Hindu Marriage Act. Pending the said petition, the wife/respondent herein has filed I.A. No. 1058/2001 claiming interim maintenance at the rate of Rs. 2,000/- per month and Rs. 5,000/- towards litigation expenses under Section 24 of the Hindu Marriage Act. The said application was resisted by the husband stating that she is working in a private concern and drawing a salary of Rs. 4,500/- per month. It is also stated that he is earning only Rs. 2000/- per month. Before the Family Court, salary certificate of the husband dated 10-6-2002 has been marked at Ex. R-1. Based on Ex. R1, after finding that he is earning Rs. 70/- per day by working in Senthil Auto Garage, the Family Court has concluded that the wife is entitled to interim maintenance at the rate of Rs. 750/- per month from the date of petition till the disposal of O.P. and also awarded Rs. 1,500/- towards litigation expenses.

(3.) The only question to be considered in this Revision is whether the wife/respondent herein has made out a case for interim maintenance in terms of Section 24 of the Hindu Marriage Act.