The Civil Revision Petition is filed against the fair and decreetal order dated 10.9.2008 passed in I.A.No.270 of 2007 in F.C.O.P.No.221 of 2004 on the file of the Family Court, Salem.
2. The wife/respondent filed applicant for maintenance in a sum of Rs.4,000/- per month in I.A.No.270 of 2007 in F.C.O.P.No.221 of 2004. In that, the court below passed an order directing the husband, the revision petitioner, to pay a sum of Rs.1,000/- per month to the wife as interim maintenance on and from 22.10.2007, the date of application. Aggrieved thereby, the present revision petition has been filed.
3. The marriage in this case said to have been taken place in the year 1999 and the petitioner and the respondent have one daughter out of the wedlock. The FCOP has been filed by the husband for divorce on the ground of cruelty and desertion and the wife has filed an application for maintenance. It is not in dispute that originally the petitioner/husband was working in Salem Co-operative Spinning Mill. It is stated that now he is out of employment from 31.3.2004. The court below, however, came to conclusion that even the petitioner is not employed in Spinning Mills, he is able to get a sum of Rs.2,000/- per month. Therefore, out of the said sum of Rs.2,000/-, the court ordered the petitioner to pay a sum of Rs.1,000/- per month to the respondent/wife as interim maintenance. This order came to be passed on 10.9.2008.
4. It is not in dispute that out of the wedlock between the petitioner and the respondent a daughter was born in the year 2000. The only ground on which the order is challenged is that the petitioner is looking after the daughter and therefore, considerable amount is being incurred for her education.
5. The application was filed in the year 2007 and the order has been passed in the year 2008. The fact remains that the petitioner has some source to maintain himself. Except stating that the petitioner/husband is out of employment, no details has been given as to his financial condition or that he is unable to pay any money to the wife. The court below considerate in fixing the income of the petitioner at Rs.2,000/- per Month. On the contrary, it should have been much more. Considering the cost of living and the rise-in-price the sum of Rs.1,000/- per month granted as interim maintenance does not appear to be excessive and arbitrary. The said amount is reasonable and therefore, no good ground or reason has been shown as to why the order is to be interfered with.
6. Finding no merit, the Civil Revision Petition is dismissed at the admission stage. Consequently, connected miscellaneous petition is closed.