The court's decision on the interim maintenance amount was based on the evidence presented regarding the appellant's income.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 55 of the Divorce Act 1869 to set-aside the fair and decreetal order dated 01.02.2020 in respect of granting interim maintenance to the respondent in I.A.No.698 of 2018 in I.D.O.P.No.22 of 2017 on the file of the Family Court, Erode.)

V.M. Velumani, J.

1. The Civil Miscellaneous Appeal is filed against the fair and decreetal order dated 01.02.2020 passed in I.A.No.698 of 2018 in I.D.O.P.No.22 of 2017 on the file of the Family Court, Erode.

2. The appellant is husband, who filed I.D.O.P.No.22 of 2017 on the file of the Family Court, Erode under Section 10(x) of Indian Divorce Act for dissolution of Marriage celebrated on 14.09.2017 between the appellant and the respondent-wife. Pending said Original Petition, the respondent filed an application in I.A.No.698 of 2018 claiming interim maintenance of Rs.15,000/- and Rs.50,000/- towards litigation expenses.

3. According to the respondent after marriage, due to attitude of appellant and his family members, the matrimonial life was not happy. The appellant took the respondent to her parents house on 06.12.2017 with a promise that he will come and take her after two days. The appellant did not do so, but filed I.D.O.P for dissolution of marriage. The respondent made various averments on merits of I.D.O.P. She further stated that she was working as a teacher and after marriage, she resigned the job, she is without income and depending on the income of her father, who is a carpenter, a daily wager. The appellant is a B.E.(E.E.E.) graduate and is working as an Assistant Professor in Nandha College of Technology, Erode and is earning Rs.40,000/- per month and prayed for interim maintenance of 15,000/- per month and litigation expenses of Rs.50,000/-.

4. The appellant filed counter affidavit and denied all the averments made by the respondent. The appellant made various averments on merits of the claim in I.D.O.P. In addition to that, he also stated that he is unemployed and he is not working as Assistant Professor in Nandha College of Technology, Erode and not earning Rs.40,000/- per month as alleged by the respondent. According to the appellant, the respondent is working as a teacher and has sufficient means to maintain herself and meet out the litigation expenses and prayed for dismissal of the application.

5. Before the learned Judge, Family Court, Erode, both the appellant and the respondent did not let in any oral or documentary evidence.

6. The learned Judge, Family Court, Erode, considered the fact in marriage Invitation filed by the appellant in I.D.O.P, wherein it has been stated that appellant is M.E. graduate and working as Assistant Professor, in Nandha College of Technology, Erode. Taking note of this fact, fixed monthly income of the appellant at Rs.30,000/- and directed the appellant to pay a sum of Rs.10,000/ per month as interim maintenance and permitted the respondent to withdraw Rs.10,000/- deposited by the appellant towards litigation expenses.

7. Against the said order, the appellant has come out with the present appeal.

8. The learned counsel appearing for the appellant reiterated the averments made in the counter affidavit and submitted that the learned Judge failed to appreciate the fact especially that the respondent is working as a teacher, earning Rs.20,000/- per month and she is capable of maintaining herself . The Tribunal, without granting opportunity to the appellant, directed the appellant to pay the interim maintenance and hence, prayed for setting aside the order of the Tribunal.

9. The learned counsel appearing for the appellant further submitted that as per the order passed by this Court on 24.11.2020, the appellant has deposited 50% of the arrears of maintenance, which comes to Rs.1,40,000/- by way of Demand Draft vide D.D.No.730466, dated 31.12.2020 and he continued to pay 50% of the interim maintenance, as ordered by this Court.

10. Though notice has been served on the respondent and her na