1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.2089 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 A.Suresh Kumar .. Petitioner Vs. M.Shanthi .. Respondent Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 12.08.2011 passed in Interlocutory Application No.30 of 2010 in H.M.O.P.No.190 of 2009 by the Sub Court, Theni. For Petitioner : Mr.G.R.Swaminathan ORDER Challenge in this Civil Revision Petition is to the order dated 12.08.2011 passed in Interlocutory Application No.30 of 2010 in H.M.O.P.No.190 of 2009 by the Sub Court, Theni. 2. The revision petitioner herein as petitioner has filed H.M.O.P.No.190 of 2009 on the file of the Court below praying to pass a decree of divorce, wherein the present respondent has been shown as respondent. During pendency of the same, the respondent as petitioner has filed Interlocutory Application No.30 of 2010 under Section 24 of the Hindu Marriage Act, 1955 praying to pass an order so as direct the respondent therein to give interim monthly maintenance as well as litigation expenses. The Court below after considering all the contentions putforth on either side has allowed the petition in part and thereby directed the respondent to pay a sum of Rs.2,500/- as interim monthly maintenance. Against the order passed by the Court below, the present Civil Revision Petition has been filed. 3. Considering the nature of the relief sought for in H.M.O.P.No.190 of 2009 and also its stage and also considering the order passed in Interlocutory Application No.30 of 2010, this court is of the view that notice need not be sent to the respondent and this Civil Revision Petition is disposed of on merits at the stage of admission. 4. The learned counsel appearing for the revision petitioner has contended that the respondent is the wife of the revision petitioner and she is having earning capacity and under the said circumstances the present petition in Interlocutory Application No.30 of 2010 is not legally maintainable and the Court below without considering the earning capacity of the respondent has erroneously directed the revision petitioner to pay a sum of Rs.2,500/- towards interim monthly maintenance and therefore the order passed by the Court below is liable to be set aside. https://hcservices.ecourts.gov.in/hcservices/ 2 5. The entire contention putforth on the side of the revision petitioner is based upon the averments made in the counter filed on the side of the respondent in H.M.O.P.No.190 of 2009, wherein it has been simply stated that since the income earned by the petitioner in H.M.O.P.No.190 of 2009 is not sufficient, the respondent has earned to certain extent and that itself is not sufficient for coming to a conclusion that the respondent at present is having sufficient wherewithal to maintain herself. 6. It is an admitted fact that H.M.O.P.No.190 of 2009 has been instituted by the revision petitioner for getting a decree of divorce and the present petition has been filed under Section 24 of the Hindu Marriage Act, 1955. Considering the fact that the respondent is the legally wedded wife of the revision petitioner, she is entitled to maintain the present petition in Interlocutory Application No.30 of 2010 under Section 24 of the Hindu Marriage Act, 1955. 7. The Court below after considering all the contentions raised on either side has rightly awarded a sum of Rs.2,500/- towards interim monthly maintenance and in view of the discussion made earlier, this Court has not found any error in the order passed by the Court below and altogether the present Civil Revision Petition deserves to be dismissed. 8. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs at the stage of admission and the order passed in Interlocutory Application No.30 of 2010 in H.M.O.P.No.190 of 2009 by the Sub Court, Theni is confirmed. However the Sub Court, Theni is directed to dispose of H.M.O.P.No.190 of 2009 before the end of March, 2012 and report the same to the Registry without fail. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To The Sub Court, Theni. Copy to : The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai (for watching report) smn GH : 11.11.2011 : 2p/3c C.R.P(PD)(MD)No.2089 of 2011 and M.P(MD)No.1 of 2011 04.11.2011 https://hcservices.ecourts.gov.in/hcservices/