The main legal point established is that under Section 24 of the Hindu Marriage Act, interim maintenance is awarded based on the financial capacity of the parties and the need for support during the pendency of the proceedings.

A.D. JAGADISH CHANDIRA, J.

This Civil Miscellaneous Appeal has been filed by the husband against the order of the Additional Principal Family Judge, Additional Family Court, Coimbatore, directing the appellant herein to pay a sum of Rs.5,000/- per month to the respondent/wife, towards interim maintenance from the date of petition i.e. 11.12.2015 and further directing the appellant herein to pay the arrears of amount in two equal monthly instalments and to pay the interim maintenance amount for on or before 7th day of every succeeding English Calender Month.

2. Brief facts leading to filing of this Civil Miscellaneous Appeal are as follows:-

(i) The marriage between the Appellant and the Respondent was solemnized on 26.05.2010 at Arulmigu Periyanayaki Amman Thirukovil, Palangarai, Avanashi, Tirupur District, according to the Hindu religious rites and customs. After the marriage, the marriage reception was held on the same day at “Sri Baladhandayuthapani Tirukovil” Neelikonampalayam, Coimbatore. After the marriage the appellant and the respondent along with the mother of the appellant were jointly residing happily for the first three years without any interruption. There is no issue born to them out of wedlock. While so, some matrimonial dispute arose between them.

(ii) Hence, the respondent had filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 in H.M.O.P. No. 1187 of 2014 on the file of the Additional Family Court, Coimbatore on the allegation of cruelty by the appellant, his mother and his sister. The Respondent had filed a Maintenance Petition in M.C. No. 141 of 2014 on the file of the Additional Family Court, Coimbatore, claiming maintenance of Rs.10,000/- per month alleging that the appellant is working as non-teaching staff in PSG College of Technology, Peelamedu, Coimbatore and at present the appellant is earning more than a sum of Rs.40,000/- per month from the aforesaid sources. The appellant neglected and refused to maintain the respondent. The respondent filed the petition claiming a sum of Rs.10,000/- per month towards interim maintenance for her food, cloths and shelter and for her medical expenses.

(iii) The appellant had filed a petition in H.M.O.P. No. 254 of 2015 on the file of the Additional Family Court, Coimbatore, under Section 9 of the Hindu Marriage Act, 1955 for Restitution of Conjugal Right. According to the appellant the marriage between him and the respondent was solemnized on 26.05.2010 in the presence of well-wishers, relatives, elders, friends of both the family. The respondent is a very adamant in nature and is liking to lead a luxurious way of life. The respondent is working as an Accountant in “Ambal tractor parts” at Dr. Nanjappa Road, near Indian Overseas Bank, Kattoor, Coimbatore and she is earning a sum of Rs.22,000/- per month and she used to stay in her parental home about 5 days for every week and she spent time in matrimonial home on the weekends only. The respondent was frequently indulging in quarrel with the appellant unnecessarily with an intention to have a separate family from the joint family. The respondent left the matrimonial home without any valid reason and without knowledge of the appellant on 10.05.2014. The efforts made by the appellant to bring her to matrimonial home on 11.05.2014, 15.06.2014 and 07.09.2014 with the help of his mother his elders and relatives ended in futile. The appellant also expressesed his willingness in person, to lead a peaceful life with the respondent due to prestige issue of his family in the society. But the respondent never conceded to the demand of reunion and that the steps for reunion taken through police also ended in futility. Hence, the appellant was constrained to file the petition sought for restitution of his conjugal rights.

(iv) During the pendency of the above Original Petitions, the respondent/wife has filed I.A. No. 8 of 2016 in H.M.O.P. No. 1187 of 2014, stating that her husband had neglecte