R.Revathy vs R.Haribabu Raye

This Civil Miscellaneous Appeal has been directed against the order dated 25.07.2016, passed in I.A.No.5 of 2016 in H.M.O.P.No.55 of

2015, by the Family Court, Tiruvallur.

The respondent herein, as petitioner, has filed H.M.O.P.No.55 of 2015, on the file of the trial Court, for getting a relief of divorce, wherein, the

present appellant has been arrayed as respondent.

During pendency of the same, the present appellant, as petitioner, has filed I.A.No.5 of 2016, under Section 24 of the Hindu Marriage Act,

1955, praying to direct the respondent therein to pay interim monthly maintenance to the tune of Rs.50,000/-.

The trial Court, after considering the rival contentions raised on either side, has allowed I.A.No.5 of 2016 and thereby directed the respondent

therein to pay an interim monthly maintenance of Rs.12,000/-, by way of passing the impugned order and the same is being challenged in the

present Civil Miscellaneous Appeal.

The learned counsel appearing for the appellant/petitioner has repeatedly contended to that the effect that the respondent is the husband of the

appellant/petitioner and he is earning monthly income of Rs.2,50,000/-, but the trial Court, without considering the quantum of monthly income of

the respondent, has erroneously granted a meagre sum of Rs.12,000/- per mensem towards interim monthly maintenance and therefore, the

quantum fixed by the trial Court is liable to be enhanced.

The learned counsel appearing for the respondent has contended that the trial Court, after considering the available evidence on record, has

rightly granted a sum of Rs.12,000/- towards interim monthly maintenance by way of passing the impugned order and the same does not require

any interference.

It is an admitted fact that the respondent, as petitioner, has filed H.M.O.P.No.55 of 2015 on the file of the trial Court for getting the relief of

divorce, wherein, the present appellant/petitioner has been arrayed as sole respondent.

It is also equally an admitted fact that during pendency of H.M.O.P.No.55 of 2015, the appellant, as petitioner, has filed I.A.No.5 of 2016

under Section 24 of the Hindu Marriage Act, 1955, praying to direct the respondent therein to pay interim monthly maintenance to the tune of

Rs.50,000/-.

The trial Court, after considering the contentions put forth on either side, has partly allowed I.A.No.5 of 2016 and thereby directed the

respondent to pay a sum of Rs.12,000/- per mensem towards interim monthly maintenance.

The main grievance expressed on the side of the appellant/petitioner is that the quantum fixed by the trial Court, by way of interim monthly

maintenance, is not at all sufficient.

Considering the nature of relief sought in I.A.No.5 of 2016 and also considering the monthly income of the respondent and the present trend of

life, this Court is of the view that interim monthly maintenance of Rs.15,000/- can be awarded. With the above observation, this Civil

Miscellaneous Petition is liable to be allowed.

In fine, this Civil Miscellaneous Appeal is allowed without costs. The respondent is directed to pay interim monthly maintenance of Rs.15,000/-

(Rupees Fifteen Thousand only) to the appellant/petitioner. The trial Court is directed to dispose of H.M.O.P.Nos.55 of 2015 and 61 of 2015

before the end of February 2018 and report the same to the Registry without fail. Connected miscellaneous petition is closed.