V.A.Thomson v. M.Roselin

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2016

CORAM

THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR C.R.P (PD) No.802 of 2016 & C.M.P.No.4438 of 2016 V.A.Thomson ... Petitioner vs.

M.Roselin ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and final order dated 12.01.2016 made in I.A.No.1129 of 2015 in IDOP No.1042 of 2010 on the file of Additional Principal Judge, Family Court, Coimbatore.

For Petitioner :

Mr.N.Anand venkatesh ----

ORDER

The husband, who has filed a Original Petition under the Indian Divorce Act for divorce on the ground of wife's unsoundness of mind, has approached this Court with the present revision against an order directing him to pay interim maintenance to the wife at the rate of Rs.4,000/- per month.

2. As against the claim made by the wife, namely for a sum of Rs.15,000/- as interim maintenance, the trial Court ordered only Rs.4,000/- per month as interim maintenance. Since the petitioner himself has come forward with a plea that his wife, namely the respondent is suffering from unsoundness of mind, this Court does not think that the above said amount awarded as interim maintenance is excessive or exorbitant. Apart from that, there is also no evidence to prove that the petitioner/husband is not in a position to earn for supporting himself and to pay the above said amount for the interim maintenance of his wife, namely the respondent herein.

3. Considering the above facts, this court comes to the conclusion that there is no merit in the revision and the revision deserves dismissal at the stage of admission itself.

Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 14.03.2016 Index: yes/No Internet: yes gpa

To The Additional Principal Judge Family Court Coimbatore

P.R.SHIVAKUMAR.J., gpa C.R.P (PD) No.802 of 2016 & C.M.P.No.4438 of 2016 14.03.2016