In this civil revision petition, the fair and decreetal orders, dated 15.03.2017, passed in I.A.No.16 of 2017 in I.D.O.P.No.30 of 2016, on the file of the III Additional District Court, Tirunelveli, are impugned.
2. Seeking interim maintenance at the rate of Rs.10,000/- per month till the culmination of the main proceedings and for litigation expenses to the extent of Rs.5,000/-, the respondent herein had moved the application before the Court below in the divorce proceedings initiated against her by the husband, namely, the petitioner herein.
3. In brief, according to the respondent, after disputing the entitlement of the relief sought for by the petitioner in the divorce proceedings, alleging that the petitioner is a D.M.E., Graduate and working as a Maintenance Engineer in V.V.Minerals and earning a sum of Rs.20,000/- per month and also owning lands and brickyards and having sufficient means and inasmuch as he had deserted her and thereby forced her to live with her parents and when, according to the respondent, her father is in bed and taking treatment and she is depending upon her poor brother for maintenance, according to the respondent, the petitioner should pay the interim maintenance and litigation expenses as prayed for.
4. The said application of the respondent, was resisted by the petitioner contending that he is not employed at V.V.Minerals and not earning a sum of Rs.20,000/- per month as pleaded and not owing any land and brickyard as alleged and according to the petitioner, the respondent had taken away all the movables from his residence to her parents' house and living with her parents and further, the respondent earlier employed as a Teacher and further, at present, she is employed in a Clinic, earning a sum of Rs.17,000/- per month and her parents are healthy and well off and hence she is not entitled for interim maintenance and the litigation expenses as prayed for and the application laid by her is, therefore, liable to be dismissed.
5. The Court below, on a consideration of the rival contentions put forth by the respective parties, finding that the petitioner is liable to pay interim maintenance and litigation expenses to the respondent as per law and also finding that the petitioner is well placed and earning adequate salary as put forth by the respondent and considering the relief sought for by the respondent, in all directed the petitioner to pay the monthly maintenance at the rate of Rs.6,000/- and also the litigation expenses at the rate of Rs.5,000/- and accordingly, entertained the application. Challenging the same, the present civil revision petition has been levelled.
6. As rightly determined by the Court below, considering the rival contentions put forth by the respective parties and when the position as per law remains that the petitioner is duty bound to maintain his wife and when it is further found that the petitioner is employed and earning substantial income as such and considering the quantum of maintenance and litigation expenses sought for by the respondent, it is found that as rightly determined by the Court below, the respondent is entitled to seek the interim maintenance at the rate of Rs.6,000/- per month and litigation expenses to the extent of Rs.5,000/-.
7. The contention put forth by the learned counsel for the petitioner in this civil revision petition is that no material has been placed by the respondent that he is earning the income as put forth by the respondent. However, the fact remains that in sofar as this case is concerned, both of them had not chosen to adduce evidence in support of their rival contentions. That apart, when the petitioner had pleaded that the respondent is an earning member and that fact has not been specifically resisted by the petitioner and when it is further found that the educational status of the petitioner has also not been disputed, it is found that the petitioner being an employed graduate and accordingly, liable to pay the maintenance and the litigation expenses. In such view of the matter, the petitioner now cannot claim that he is unemployed and therefore, unable to maintain his wife. In such view of the matter, considering the position of the petitioner and also the fact that the petitioner has not placed any material as such to hold that the respondent is an employed person as pleaded by him, it is seen that the Court below, on an over all appreciation of the facts and circumstances, has rightly held that the petitioner is liable to pay the interim maintenance at the rate of Rs.6,000/- per month and litigation expenses at the rate of Rs.5,000/-. Thus, the impugned order is found to be based on correct appreciation of the issues involved in the matter and hence, it does not call for any interference from this Court.
8. In the light of the above discussions, the civil revision petition is dismissed with costs. Consequently, connected civil miscellaneous petition is closed.
To:
The III Additional District Judge, Tirunelveli.
.