BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED : 05/11/2007 CORAM THE HONOURABLE MR.JUSTICE P.MURGESEN CRP.PD.(MD) No.1503 OF 2007 and M.P.[MD] No.1 of 2007 Palaniyappan ... Revision Petitioner Vs Mahalakshmi ... Respondent Petition filed under Article 227 of the Constitution of India against the fair and decreetal order in I.A.No.52 of 2007 in H.M.O.P.No.33 of 2007 dated 20.09.2007 on the file of the Sub Court, Ramanathapuram. !For Petitioner ... Mr.D.Muruganandam ^For Respondent ... Mr.M.Ajmal Khan :ORDER
This revision is directed against the order passed in I.A.No.52 of 2007 in
H.M.O.P.No.33 of 2007 dated 20.09.2007 on the file of the Sub Court,
Ramanathapuram.
2.The revision petitioner is the husband of the respondent. The respondent
has filed a petition for maintenance of her child and herself. The petitioner
is an Engineer working in Bangalore drawing salary of Rs.18,000/- on the date of
petition. He is now drawing a salary of Rs.24,000/-. When the Interlocutory
Application was taken up for hearing, no oral evidence was adduced by both the
parties and the revision petitioner also had admitted that his salary was
Rs.18,000/-.
3.The learned Sub Judge, Ramanathapuram, directed the petitioner herein to
pay Rs.15,000/- for the legal expenses incurred by the respondent/wife and also
Rs.9,000/- per month for the maintenance of his wife and the child. Challenging
the said Judgment, the present revision has been filed.
4.Admittedly, the petitioner was drawing a salary of Rs.18,000/- in the
year 2006. learned counsel for the petitioner submitted that the petitioner has
to pay for the loan borrowed by him and he has to pay the rent for the house.
He has spend for his food and clothing and he has to maintain his aged parents
of whom his father is a pensioner. The petitioner is a resident of Bangalore
and certainly he has to spend some amount for his personal expenses. At this
stage, the finding of the Trial Court that the petitioner has to pay Rs.9,000/-
per month for the maintenance of his wife and child and also Rs.15,000/- for the
legal expenses incurred by the respondent is not correct.
5.Accordingly, considering the status of the parties and economic
background of the petitioner as well as the respondent and the cost of living at
Bangalore, this Court directs the petitioner to pay Rs.6,000/- per month instead
of Rs.9,000/- per month for the maintenance of his wife and child and to pay
Rs.10,000/- instead of Rs.15,000/- for the legal expenses incurred by the
respondent/wife.
6.With the above modification, the Civil Revision Petition is partly
allowed. No costs. Consequently connected miscellaneous petition is closed.
ap
To
The Sub Judge,
Ramanathapuram.
