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Judgment
P.Somarajan, J
The application under Article 227 of Constitution of India challenging Ext.P5 order granting interim maintenance. It was contended that the counter
submitted was not properly considered by the trial court, but passed an order of interim maintenance without going into the merits and demerits of the
case.
In so far as interim maintenance is concerned, the two crucial aspects to be considered are whether there is a legally wedded relationship between
the parties and the paternity of the child, apart from the question whether the respondent wife could be able to maintain herself. The marriage is
admitted. There is no dispute between the parties regarding the marriage and the paternity of the child. The respondent has no case that she is having
other means of livelihood and no material placed along with the counter except the bare allegations. The respondent wife is entitled to a standard of
living, which she had accustomed while in company of petitioner. The amount ordered comes to Rs.7,500/- to the wife and Rs.5,000/- to the second
respondent, child.
As such, the original petition has to be dismissed in limine. I do so.
The Registry shall send a copy of this judgment to the lower court forthwith.