Madras High CourtCRP/14/2017dismissed

S.Dhanasekar v. R.Neelavathi

2017-01-06Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.R.P.(PD).No.14 of 2017 and C.M.P.No.89 of 2017 S.Dhanasekar .. Petitioner Vs.

R.Neelavathi .. Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order dated 18.02.2016 in I.A.No.42 of 2014 in H.M.O.P.No.145 of 2015 on the file of the Sub-Court, Ranipet, Vellore District.

For petitioner : Mr.T.P.Prabakaran

ORDER

The husband in a matrimonial dispute, has preferred this Civil Revision Petition challenging the grant of monthly maintenance of Rs.3,000/- to the respondent-wife and Rs.5,000/- towards litigation expenses. The only submission is that the revision petitioner-husband is only a Coolie and he is able to eke out his livelihood of only Rs.300/- per

day, that too only when the job is available. Therefore, it would be difficult for him to pay the maintenance amount. The wife has stated that she is not employed and has got no source of income even to meet her basic necessities including the medical expenses. The petitioner has not established that he is only a Coolie or his income is limited. Considering the above factors, the Sub-Court, Ranipet has awarded Rs.3,000/- only as monthly maintenance, taking into account the cost of living and also the fact that the wife is unemployed and not capable of earning income. Further, the amount of Rs.3,000/- per month awarded as monthly maintenance is only a paltry sum. Hence, I am not inclined to interfere with the impugned order passed by the Court below. The Civil Revision Petition is dismissed. No costs. Consequently, C.M.P. is closed. 06.01.2017 cs Copy to The Sub-Judge, Ranipet.

PUSHPA SATHYANARAYANA, J cs C.R.P.(PD).No.14 of 2017 06.01.2017

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