The husband's liability to maintain his wife and child and the objective of granting interim/permanent alimony to prevent destitution or vagrancy.

JUDGMENT :

G. CHANDRASEKHARAN, J.

PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, 1955, to set aside the fair and decretal order dated 05.01.2021 passed in I.A. No. 1 of 2019 in H.M.O.P. No. 1464 of 2018 on the file of he Additional Principal Family Judge, Coimbatore, by allowing the appeal.

1. This Civil Miscellaneous Appeal is filed against the order passed by the learned Additional Principal Family Judge, Coimbatore, in I.A. No. 1 of 2019 in H.M.O.P. No. 1464 of 2018.

2. The respondent/wife filed a petition under Section 13(1)(i)(i-a) of Hindu Marriage Act, 1955, seeking divorce against the appellant. Pending the divorce proceedings, she filed I.A. No. 1 of 2019 under Section 24 of the Hindu Marriage Act, 1955, seeking interim maintenance.

3. The facts necessary for the disposal of this appeal are as follows:

The marriage between the appellant and the respondent was solemnized on 02.11.2008 and they are blessed with a daughter, Sreesha, who was born on 03.10.2009. The appellant's parents and sister demanded seer and 100 sovereigns of gold from the respondent. In 2011, the appellant got employment in Bosch Company as Associate Project Manager at Coimbatore. In 2012, the appellant purchased a flat, borrowing loan from Bank and also selling the jeweleries of the respondent. During the birthday of Sreesha on 03.10.2013, the appellant's parents and sister abused and insulted the respondent. When she informed this to the appellant, he beat her. He did not co-habit with the respondent. On 20.05.2018 at about 08.00 p.m., he brought his colleague Charulatha to home and spent time with her in a locked room. When the respondent questioned this, the appellant openly kissed Charulatha and threatened the respondent to give divorce. Then, he strangulated her and banged her head against the wall. The respondent gave a complaint before the Peelamedu Police Station. The parents and sister of the appellant had also come and beaten the respondent and drove her out of the house. In the said circumstances, she filed the petition for divorce. The respondent is totally dependent on the appellant for her and the child's maintenance. Therefore, she claimed a sum of Rs.75,000/- per month as interim maintenance and Rs.5,000/- towards litigation expenses.

4. The appellant denied all the allegations made against him and contended that, on 24.09.2018, the respondent vacated the house and moved to her parents' house. She gave legal notice and filed D.V.A. No. 47 of 2018 against the appellant and his parents and the petition was quashed as against the parents of the appellant by this Court. The respondent studied M.B.A., and she was employed in SMC Global Securities and earning Rs.30,000/- per month. She studied SAP and she is capable of getting employment and maintain herself. The appellant has housing loan to settle and has to take care of his aged parents. He has already been paying Rs.5,000/- as interim maintenance in pursuance of D.V.A. Proceedings. Therefore, the appellant prayed for dismissal of the petition.

5. During enquiry, Exs.P1 and P2 and Exs.R1 to R2 were marked. On considering the materials produced before the Family Court, the learned Family Court Judge ordered the appellant to pay a sum of Rs.25,000/- per month as interim maintenance in addition to the sum of Rs.5,000/- being paid in pursuance of D.V.A. proceedings in D.V.A. No. 47 of 2018, and a sum of Rs.5,000/- towards litigation expenses. That apart, the appellant was directed to bear the educational expenses of the child. Against the said order, the appellant has preferred this appeal.

6. The learned counsel for the appellant submitted that the learned trial Judge has fixed the quantum of interim maintenance on the basis of Ex.P1/ Bank statement for the period from 01.02.2018 to 28.09.2018. Now, the appellant has filed his salary slips for the period from November, 2020 to January, 2021, which show that he was getting only a sum of Rs.70,000/- to 85,000/- as