RAVI Vs. BENITA ANGELENA ESTHER

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed, aggrieved against the interim order passed by the Family Court, Tirunelveli in I.A.No.303 of 2017 in S.M.O.P.No.169 of 2017, dated 29.11.2017.

(2.) The appellant is the husband and the respondent is the wife. They have two children viz., a daughter and a son, studying in 10th standard and 8th standard respectively. Due to certain matrimonial dispute, the respondent/wife filed S.M.O.P.No.169 of 2017 seeking for dissolution of marriage held between the appellant and the respondent. Pending such O.P., the respondent herein filed a petition under Section 36 of the Special Marriage Act, 1964 seeking for interim maintenance at the rate of Rs. 20,000/- for herself and Rs. 15,000/-each for their children, apart from Rs. 73,300/- towards educational expenses of their children. The appellant herein has not filed any counter affidavit nor argued the matter before the Family Court against grant of maintenance. This is evident from the reading of the order passed by the Family Court.

(3.) The Family Court after considering the facts and circumstances found that the appellant is bound to maintain the respondent and his children. Accordingly, the Family Court awarded interim maintenance of Rs. 5,000/-p.m for the respondent and their two children and Rs. 30,000/- towards educational expenses for the children. Challenging the same, the present Civil Miscellaneous Appeal is filed by the appellant/husband.