← Library
Madras High CourtCRP/2860/2022dismissed

G. Balasubramaniam @ Balu v. S. Kalarohini

2022-11-18Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and C.M.P.Nos.15497, 17934 & 17936 of 2022 G.Balasubramaniam @ Balu ... Petitioner Vs.

S.Kalarohini ... Respondent PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order and decree dated 30.01.2020 made in I.A.No.61 of 2018 in H.M.O.P.No.34 of 2018 on the file of the learned Subordinate Judge at Coonoor.

For Petitioner : M/s.P.Suresh Babu For Respondent : M/s.S.L.Sudarsanam

O R D E R

This Civil Revision Petition is filed challenging the order passed by the Court below directing the petitioner to pay a sum of Rs.7,000/- to respondent as interim maintenance from the date of petition.

2. The petitioner herein filed a petition in H.M.O.P.No.34 of 2018 seeking divorce on the ground of cruelty and desertion against the respondent. Pending said petition, respondent/wife filed an application under Section 24 of the Hindu Marriage Act, seeking interim maintenance. In the affidavit filed in support of the said application, the respondent has stated that she is living with her parents from 06.05.2017. She further averred in her affidavit that she had no income except meagre salary of Rs.3000/- per month as she was employed as an Office Assistant in Expo-Chit Funds, Kotagiri on a temporary basis. It is also further stated by the respondent that petitioner is employed as a Junior Assistant in Taluk Office, Kotagiri and he is earning a sum of Rs.25,000/- per month. It is also further stated that the petitioner owns a car and house. The petitioner denied the averments made in the affidavit filed by the respondent, by filing his counter affidavit. However has not revealed anything about his income and salary.

3. The Court below after taking into consideration, the evidence available on record and also the fact that petitioner is a Government servant working in Revenue Department, Nilgiri District, fixed the interim maintenance of Rs.7,000/- per month and directed the petitioner to pay the said sum from the date of filing the

petition for interim maintenance. I do not find any reasons to interfere with the order passed by the Court below. Hence, this Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 18.11.2022 Index: Yes/ No Speaking Order / Non-Speaking Order jai To The Sub Court, Coonoor.

S.SOUNTHAR , J.

jai 18.11.2022