@JUDGMENTTAG-ORDER
R. Banumathi, J.@mdashThis Civil Revision Petition is directed against the order dated 12.01.2004 passed by the First Additional Judge, Family
Court, Chennai in I.A. No. 711 of 2003 in O.P. No. 1631 of 2002, directing the Revision Petitioner / Husband to pay Interim Maintenance of Rs.
5000/- per month and litigation expenses of Rs. 3000/- to the Respondent / Wife.
2. The Respondent / Wife has filed O.P. No. 1631 of 2002 against her Husband for restitution of conjugal rights. The Revision Petitioner /
Husband has filed Petition in O.P. No. 1825 of 2002 for dissolution of marriage. Both the petitions were pending before the First Additional
Judge, Family Court, Chennai. On the Transfer O.P filed by the Revision Petitioner, both the matters have been transferred to Second Additional
Judge, Family Court, Chennai by the Principal Judge, Family Court, Chennai.
3. I.A. No. 711 of 2003:- Praying for Interim Maintenance, the Respondent / Wife has filed this Petition. According to her, the Revision Petitioner
is employed as Branch Manager, State Bank of Travancore and is earning more than Rs. 20,000/- per month. The Respondent / Wife and the
Child are unable to maintain themselves. Hence, claiming Maintenance of Rs. 7,500/- per month and Litigation expenses of Rs. 15,000/- the
Respondent / Wife has filed this Application.
4. Stating that the Revision Petitioner / Husband is getting only a net salary of Rs. 12,274.37, the Revision Petitioner has filed the Counter
Statement contending that the Father of the Respondent / Wife and family are well placed. The Father of the Respondent owns houses worth more
than Rs. 20,00,000/- apart from the ancestral property. From out of those properties, the family of the Respondents are earning good income and
the Respondent / Wife could maintain herself. On the other hand, the Revision Petitioner within his net salary of Rs. 12,274.37, is to manage his
household and meet other financial commitments.
5. Upon consideration of the averments in the Affidavit and in the Counter Statement, learned Judge found that the spouses separated on
26.06.2002. The learned Judge was of the view that the Revision Petitioner / Husband has no intention of taking back his Wife or living with her
and that the Respondent / Wife is unable to maintain herself, learned Judge has ordered maintenance of Rs. 5000/- per month and Rs. 3000/- as
litigation expenses.
6. Aggrieved over the order of Interim Maintenance and litigation expenses, the Revision Petitioner / Husband has preferred this Civil Revision
Petition. Assailing the impugned order, learned counsel for the Revision Petitioner inter-alia has raised the following contentions:
that the Trial Court has not properly appreciated the affluent conditions of the parents of the Respondent / Wife; the take home salary of the
Revision Petitioner / Husband is only Rs. 12,274.37 the impugned order was passed hastily without having regard to the pleadings.
7. Countering the arguments, learned counsel for the Respondent has submitted that the gross salary of the Revision Petitioner is Rs. 17,544.37
and the Family Court has rightly taken note of the gross salary and directed the Revision Petitioner / Husband to pay the interim maintenance of Rs.
5000/- per month, which is a reasonable one and the same is to be maintained.
8. Admittedly, the Revision Petitioner / Husband is employed as Branch Manager in State Bank of Travancore. In the Counter Statement filed by
the Respondent / Husband, the salary particulars are given. By a reading of the Counter Affidavit, it is seen that the
Gross salary is Rs. 17,544.37
Deductions Rs. 5,270.00
Take home salary Rs. 12,274.37
Though the take home salary of the Revision Petitioner / Husband is Rs. 12,274.37, on behalf of the Revision Petitioner, it is contended that he is
no obligated to pay the maintenance to the Respondent since the parents of the Wife are rich and well placed. According to the Revision Petitioner
/ Husband, the Father of the Respondent / Wife is a retired P.W.D engineer and owning properties more than Rs. 1.50 Crores. Further, it is stated
that the Respondent is owning 4 flats worth of more than Rs. 20,00,000/- each. It is also stated that in Salem Town, he owns ancestral property
and the parents of the Respondent / Wife are well placed. To show that the Father of the Respondent is well placed, no evidence has been
produced by the Revision Petitioner / Husband. Undoubtedly, the Respondent / Wife is unemployed. Apart from maintaining herself she has to
maintain the Girl child aged about four years, who is said to be going to school for the past nearly eight months. Since the Respondent / Wife is
having no independent source of income and is unable to maintain herself and the child, the Revision Petitioner / Husband is bound to pay the
maintenance to the Respondent / Wife.
9. Assailing the impugned order directing payment of Interim Maintenance, in the Grounds of Revision, certain allegations have been levelled
against the then Presiding Officer - First Additional Judge, Family Court, Chennai and it is contended that the order of payment of Interim
Maintenance has been ordered hurriedly without having regard to the pleadings set forth by the parties. This Court is not proposed to go into the
merits of these contentions for two reasons. Firstly, the scope of the enquiry in the application for interim maintenance is very limited and secondly,
in view of the change of events. It is stated that both the matrimonial petitions in O.P.Nos.1631 of 2002 and 1825 of 2002 are now transferred to
the Second Additional Judge, Family Court, Chennai, as per the order of Principal Judge, Family Court, Chennai made in the Transfer Petitions.
10. The only point that arises for consideration is whether the Revision Petitioner / Husband has means to pay the maintenance and whether the
order of interim maintenance of Rs. 5000/- is excessive. As noted earlier, the Revision Petitioner / Husband is employed as Branch Manager in
State Bank of Travancore. It is seen that
Gross salary is Rs. 17,544.37
Deductions Rs. 5,270.00
Take home salary Rs. 12,274.37
If we calculate 1/3rd of his take home salary, it would come around Rs. 4000/-. Taking into consideration of the take home salary of the Revision
Petitioner / Husband and other circumstances, interests of both parties would be met by reducing the Interim Maintenance from Rs. 5000/- per
month to Rs. 4000/- per month.
11. On 16.11.2004 in the connected C.M.P. No. 7246 of 2004, C.NAGAPPAN, J. has passed the conditional order, directing the Revision
Petitioner / Husband to pay a sum of Rs. 3,000/- per month by way of a Demand Draft in the name of the Respondent / Wife on or before 15th of
every succeeding month commencing from December, 2004 onwards. It is stated that since the date of order in C.M.P. No. 7246 of 2004, the
Revision Petitioner / Husband is regularly paying the Interim Maintenance of Rs. 3000/- per month to the Respondent / Wife. By this Civil Revision
Petition the Interim Maintenance is modified as Rs. 4000/-, the Revision Petitioner / Husband is directed to pay the arrears of maintenance within a
period of four weeks from the date of receipt of a copy of this order.
12. For the foregoing reasons, this Revision Petition is ordered accordingly. The order dated 12.01.2004 passed by the First Additional Judge,
Family Court, Chennai in I.A. No. 711 of 2003 in O.P. No. 1631 of 2002, directing the Revision Petitioner / Husband to pay the interim
maintenance of Rs. 5000/- is modified and the Revision Petitioner / Husband is directed to pay a sum of Rs. 4000/- per month from the date of
Petition to the Respondent / Wife by way of a Demand Draft on or before 10th of every succeeding month. The Revision Petitioner / Husband is
directed to pay the arrears of Interim Maintenance within a period of four weeks from the date of receipt of a copy of this order. In the
circumstances of the case, there is no order as to costs. In case, if there is any application being filed for claiming permanent alimony, the Trial
Court may not be influenced any of the views expressed by this Court in this order.
