The obligation to maintain a special child and the exercise of discretion by the court in determining interim maintenance.

JUDGMENT :

K.K. Sasidharan, J.

Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, against the fair and decreetal order made in I.A.No.1108 of 2016 in FCOP No.191 of 2016 dated 26.04.2017 passed by the learned Family Court Judge, Erode.

1. This Civil Miscellaneous Appeal, at the instance of the respondent in I.A.No.1108 of 2016, challenges the order dated 26.04.2017, fixing the interim maintenance @ Rs.15,000/- per month, payable to the minor child born in the wedlock.

2. The proceedings in F.C.O.P.No.191 of 2016 was initiated by the wife invoking Section 9 of the Hindu Marriage Act.

3. We are informed that the appellant has filed an Original Petition in O.P.No.67 of 2017 on the file of Family Court, Erode, praying for a decree of dissolution of marriage.

4. The wife filed an interlocutory application in I.A.No.1108 of 2016 claiming interim maintenance to the minor child. The minor child is stated to be a Special child.

5. The Trial Court, on the basis of the averments contained in the affidavit filed in support of the interim application and the counter affidavit filed by the appellant in I.A.No.1108 of 2016, fixed the interim maintenance @ Rs.15,000/- per month.

6. The appellant is stated to be a Diploma holder. According to the appellant, he resigned his job to take care of his aged parents.

7. There is no dispute that the minor child is now maintained only by the wife. The appellant is obliged to maintain the minor child, and that too a special child. The Trial Court, on the basis of the case pleaded by the parties, fixed the interim maintenance @ Rs.15,000/- per month, by exercising its discretion. We do not find any reason to take a different view. We are therefore of the view that there is absolutely no merit in the appeal filed by the appellant.

8. The learned counsel for the appellant submitted that the appellant is not given visitation rights and that was the main reason for contesting the application for interim maintenance.

9. We are informed that the appellant has already filed a Miscellaneous Petition before the Trial Court for giving him the visitation rights. We direct the Trial Court to take up the said application and dispose of the same on merits, as expeditiously as possible.

10. The appellant is given four weeks time to deposit the entire arrears, less the amount already deposited, if any. The appellant should continue to pay maintenance @ Rs.15,000/- per month to the respondent.

11. The Civil Miscellaneous Appeal is disposed of with the above direction. No costs. Consequently, connected civil miscellaneous petition is closed.