V.A.Karthikeyan v. K.Subashree

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2019

CORAM

THE HON'BLE MR.JUSTICE R. SURESH KUMAR C.R.P.(PD) No.3678 of 2019 and C.M.P.24172 of 2019 V.A.Karthikeyan ...

Petitioner -VsK.Subashree ...

Respondent Prayer : Civil Revision Petition under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 05.03.2019 in respect of granting interim maintenance to the respondent in I.A.No.41 of 2018 in H.M.O.P.No.09 of 2018 on the file of the Sub Court, Chidambaram.

For Petitioner : Mr.S.P.Siva Pradosh

O R D E R

This revision petition has been filed against the fair and decreetal order dated 05.03.2019 in respect of granting interim maintenance to the respondent in I.A.No.41 of 2018 in H.M.O.P.No.09 of 2018 on the file of the Sub Court, Chidambaram.

2. Before the Court below, the respondent wife filed the said I.A.No.41 of 2018 seeking interim maintenance at the rate of Rs.5,000/- per month and also sought for a sum of Rs.50,000/- as litigation expenses. The Court below, after having considered the claim and counter claim made by the parties and after hearing both the parties, decided the application through the impugned order, directing the revision petitioner / husband to pay a sum of Rs.3000/- per month as

interim maintenance to the respondent wife and also pay a sum of Rs.5,000/- as litigation expenses.

3. I have gone through the impugned order as well as other materials filed before this Court for perusal.

4. The learned Judge, after having considered the earning capacity of the husband, who seems to have been working in a private company in Chennai and earning a sum of Rs.35,000/- as monthly salary, directed the revision petitioner / husband to pay only a sum of Rs.3,000/- as interim maintenance to the respondent wife. The said sum of Rs.3,000/- is very minimal amount, without which no human being in the present world can survive for a month. Likewise, though the respondent wife sought for Rs.50,000/- as litigation expenses, the learned Judge has allowed only Rs.5,000/- and that is also a very meagre amount.

5. Therefore, this Court feels that the impugned order is a very reasoned order. Therefore, it does not require any interference from this Court. Accordingly, this Civil Revision Petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. 14-11-2019 KST To The Subordinate Judge, Chidambaram.

R. SURESH KUMAR, J.

KST 14.11.2019