The court affirmed the husband's obligation to provide maintenance to the wife, adjusting the maintenance amount to Rs.1 lakh per month based on income disparity and need for economic support during litigation.

ORDER :

This civil revision petition arises against the order of the third Additional Principal Family Court, Chennai in I.A.No.6 of 2024 in OP No.1320 of 2023 dated 25.11.2024.

2. For the sake of convenience, the parties shall be referred to as husband and wife.

3. The details of the OP are not necessary for the purpose of this case. The relationship between the parties is admitted. They married each other on 24.10.2007. From the wedlock, two children were born. The children are in the custody of the father. Due to disputes and differences, the parties separated.

4. The husband initiated HMOP No.1320 of 2023 invoking Sections 13(1)(i) and 13(1)(ia) of the HINDU MARRIAGE ACT . The wife has filed her counter. Pleadings have been completed. On the direction of this Court, OP.No.1320 of 2023 was taken for trial. It was directed to be completed within a period of four months from the date of receipt of a copy of the order.

5. Pending the litigation, the wife filed an application seeking interim maintenance. According to her, she is not able to maintain herself. She pleaded that the husband, who is a medical doctor, is generating Rs.2.5 lakhs as rental income and another Rs.3 lakhs as professional income. She pleaded that the husband dines only in Five Star Hotels and in fine dine in restaurants. She urged he is accustomed to wearing branded clothes. She pointed out that her mother-in-law is a pensioner with an independent source of income. She pleaded that she is a law graduate and was working as lawyer in Chennai, generating a meagre income by stipend of Rs.15,000/- per month. Consequently, she requested the Court to grant interim maintenance of Rs.2 lakhs per month for herself and Rs.1 lakh towards litigation expenses.

6. Notice was ordered in the application. It was served on the husband. He filed a counter. He pleaded that the wife separated from him on account of her activities which he did not condone. He went into merits of the divorce petition pointing out that the petitioner had developed friendship with respondents 2 to 4 in O.P.No.1320 of 2023. He stated that his mother is a super senior citizen and requires to be maintained by him. He urged that the wife is equally qualified and is earning substantial income from her legal practice. He filed an additional counter pleading that the wife had earlier sought for interim maintenance in DVC No.95 of 2022 and that it had been dismissed by the learned XXIII Metropolitan Magistrate, Saidapet, Chennai. He pleaded that the wife has suppressed the said order.

7. Both the parties filed their affidavit of assets and liabilities. The learned Judge took up the application for disposal. She came to a conclusion that the wife is entitled to a minimum amount of Rs.50,000/- p.m. to have a decent standard of living and to meet her basic needs. However, at the time of passing the order, she restricted this amount to Rs.25,000/- p.m. No amount was given towards litigation expenses. The learned Judge also directed that the maintenance amount should be paid from the date of filing of I.A.No.6 of 2024. Aggrieved by the same, the present civil revision petition at the instance of the wife.

8. When the matter came up for admission, Mrs.Sudarsana Sundar, learned counsel, took notice on behalf of Mr.E.Balamurugan, learned counsel for the caveator.

9. I heard Ms.S.P.Arthi for revision petitioner and Mrs.Sudarsana Sundar for the respondent.

10. Several contentions had been raised by both counsel. The submissions of Ms.Arthi are as follows:

(i) The Court having come to the conclusion that the wife is entitled to an amount of Rs.50,000/- p.m. had granted only Rs.25,000/- p.m