D.Sowriraj v. Egavalli

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.R.P(PD).No.2658 of 2021 and CMP.No.19602 of 2021 D.Sowriraj ..Petitioner Vs.

Egavalli ..Respondent Praye: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 22.07.2021 passed in IA.No.61 of 2019 in HMOP.No.64 of 2017 on the file of the Sub-Court, Madurantagam, ordering the petitioner to pay a sum of Rs.7,500/- towards interim maintenance to the respondent herein. For Petitioner : Mr.K.A.Mariappan

O R D E R

The petitioner / husband challenges the order of interim maintenance granted by the Trial Court directing him to pay a sum of Rs.7,500/- per month as interim maintenance for his wife. The husband had admittted that he is earning a sum of Rs.23,920/-. He would contend that he has no means to pay Rs.7,500/- on the ground that he is repaying personal loan of Rs.8,357/- per month and he is spending Rs.6,000/- for petrol at Rs.200/- per day. He would also claim that the remaining amount of Rs.9,000/- is not enough for him and hence cannot pay Rs.10,000/- (claimed by the wife) as interim maintenance. The payment of personal loan is a self-inflicted liability. Therefore, it cannot be a ground for the husband to resist the claim of interim maintenance by the wife. As regards the travelling expenses of Rs.6,000/-, the husband calculated at Rs.200/- for 30 days. No one works for 30 days in a month. Therefore, it is clear that the said claim is projected only to defeat the right of the wife to interim maintenance. https://hcservices.ecourts.gov.in/hcservices/

2.Considering the cost of living, Rs.7,500/- is meagre sum for a person to maintain herself. Hence, I find no merits in this civil revision petition. This civil revision petition therefore, fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kkn To:- The Subordinate Judge Madurantagam.

+1 CC to Mr.K.A.Mariappan, Advocate sr 63766. C.R.P(PD).No.2658 of 2021 and CMP.No.19602 of 2021 SSI(CO) SP(27/12/2021) https://hcservices.ecourts.gov.in/hcservices/