The petitioner has initiated divorce proceedings against the respondent. While the matter is pending, it is found that the respondent has moved an application, under Section 24 of the Hindu Marriage Act, seeking for interim alimony of Rs.75,000/- per month towards maintenance for herself and her minor child and also the litigation expenses from the petitioner.
2. Alleging that the petitioner is employed in U.A.E. and earning a sum of Rs.3,00,000/- per month and wilfully neglecting to maintain the respondent and the minor child, according to the respondent, inasmuch as she has been forced to stay in a rented building in Chennai and give education to the child and also engaged a lawyer to defend the divorce proceedings initiated by the petitioner, in all, according to the respondent, the respondent is liable to pay a sum of Rs.75,000/- per month towards interim alimony to her and the minor child and also litigation expenses.
3. The above said application of the respondent was resisted by the petitioner contending that on account of the mental torture inflicted upon him by the respondent, he has been forced to initiate the divorce proceedings against the respondent and it is false to state that the petitioner is employed in U.A.E., and earning a sum of Rs.3,00,000 per month and the petitioner had been sent out of the said job and earning a paltry sum by working in Sastra University at Thanjavur, and the said income is only sufficient to meet the needs of the petitioner and the respondent is employed as an Assistant Professor and earning substantial income and accordingly, she has also been paid due house rent allowance by the concerned College and the parents of the respondent are well placed and therefore, the respondent is not entitled to seek for any interim alimony from the petitioner and only with a view to cause harassment and ill-treatment, according to the petitioner, the application has been laid and hence, the same is liable to be dismissed.
4. The Court below, on a consideration of the rival contentions put forth by the respective parties, finding that the respondent is employed as an Assistant Professor and even then, the petitioner being the husband of the respondent is duty bound to provide maintenance to her as per law and considering the earning capacity of the petitioner, in all, held that the petitioner is liable to pay a sum of Rs.5,000/- per month towards interim alimony and also directed him to pay a sum of Rs.3,000/- towards litigation expenses to the respondent and impugning the same, the present civil revision petition has been laid.
5. It is contended by the learned counsel for the petitioner that the Court below has not considered the employment of the respondent in a reputed College and the earning capacity of the respondent thereby and when the petitioner is at present unemployed and also left the job at Sastra University, Thanjavur, the order of the Court below directing him to pay a sum of Rs.5,000/- towards interim alimony and Rs.3,000/- towards litigation expenses to the respondent is improper and untenable and hence, the impugned order of the Court below is liable to be set aside. Per contra, it is the argument of the learned counsel for the respondent that considering the liability of the petitioner to pay the interim alimony to the respondent, she being his dutiful wife and according to him, the Court below has awarded a minimum amount of interim alimony and in such view of the matter, according to him, the impugned order is not liable to be interfered with.
6. Considering the reasons given in the impugned order and also the fact that the petitioner being the husband owes a duty legally and also morally to maintain his wife, namely, the respondent, as rightly determined by the Court below, it is found that the petitioner is liable to pay alimony to the respondent and accordingly, it is found that the Court below, taking into consideration the earning capacity of the petitioner and also the employment of the respondent as well as the status of the parties involved, in all fairness, fixed the interim alimony at the rate of Rs.5,000/- per month and the litigation expenses at the rate of Rs.3,000/-. It is found that the above said amount, considering the above facts, cannot be held to be on the higher side and it is found to be proper and balanced and in such view of the matter, the contention of the petitioner that the interim alimony fixed by the Court below is exorbitant as such cannot be countenanced in any manner.
7. In the light of the above discussions, I do not find any error or mistake in the impugned order of the Court below and the same does not warrant any interference from this Court.
8. Resultantly, the civil revision petition is dismissed with costs. Consequently, connected civil miscellaneous petition is closed.
To:
The Additional Sub Judge, Thanjavur.
.