R. SRIKANTH Vs. KAVITHA

JUDGEMENT

(1.) Challenging the order passed by the learned Subordinate Judge, Thiruvottiyur in I.A.No.1 of 2022 in HMOP No.215 of 2022, the present Civil Revision Petition has been filed.

(2.) The fact of the case is that the marriage between the petitioner/husband and the first respondent/wife took place on 20/11/2009 at Nel and Arisi Wholesale Viyabarigal Sanga Kalyana Mandapam, Redhills. Out of the wedlock, a male child, namely S.Adharvaa,2nd respondent herein born on 4/8/2022. For the past 8 years, they were living separately. The first respondent/wife filed HMOP No.215 of 2022 under Sec. 13(1)(i-a) & (i-b) of the Hindu Marriage Act 1955 for divorce on the ground of cruelty and desertion, in which she had filed a petition in I.A.No.1 of 2022 under Sec. 24 of the Act for interim maintenance and the learned Trial Judge, by an order dtd. 20/9/2023 allowed the same and directed the petitioner/husband to pay a sum of Rs.10,000.00 per month as interim maintenance to the respondents/wife & son from the date of filing of the petition and also directed to pay the arrears amount within 3 months. The learned Trial Judge also directed the respondent to pay 50% of the educational expenses of the 2nd respondent/son commencing from 2023-2024 on production of proper school fee circular/receipt by the first respondent/wife. Aggrieved over the same, the revision has been filed.

(3.) The learned counsel for the petitioner submitted that as per the provision of Sec. 24 of the Hindu Marriage Act, the spouse is entitled for interim maintenance only when she has no independent sufficient income for her support and necessary expenses of the proceedings. In this case, the petitioner/husband and the first respondent/wife had filed affidavit of assets and liabilities, in which, the petitioner/husband disclosed the fact that though he worked as a Quality Control Inspector at M/s.Mohib Shoes Pvt. Ltd., Ambur, Thirupathur District and gained a sum of Rs.70,000.00per month at present, the company was closed and he become un-employed for the past two months. The respondent/wife, in her assets and liability disclosed her monthly income is Rs.45,000.00per month by working as System Analyst in Siritek Technologies Pvt., Ltd and the said fact is not considered by the Trial Court while awarding interim maintenance , which is liable to be set aside.