Interim maintenance must be established with credible evidence reflecting the parties' financial capabilities, leading to a reduction from Rs.15,000/- to Rs.10,000/-.

ORDER :

1. Challenging the order of the Family Court granting Rs.15000/- monthly maintenance to the first respondent herein, the revision petitioner being husband has filed the present revision.

2. Brief background of filing the revision is as follows:-

a. The marriage between the petitioner and the first respondent was solemnised according to the Hindu rites and custom on 27.01.2013 at Pudukottai District. From their wedlock, two female children were born on 01.01.2014 and 02.07.2018. According to the revision petitioner, the respondent was adamant and also resigned her job and she has also lodged false complaint against the petitioner on 03.11.2020. In the police station, the first respondent had adamantly insisted the respondent to sign the divorce paper, however, thinking about the future of the children, the petitioner has refused to sign it. Thereafter, the first respondent has deserted the petitioner and living in the same house separately. Despite, request for reunion, she has refused to cohabitate with the petitioner. Hence, the petitioner has filed divorce petition. During the pendency of the petition, an application has been taken out by the first respondent under Section 24 of the HINDU MARRIAGE ACT seeking maintenance of Rs.15,000/- to the first respondent/wife and Rs.10,000/- each to the minor children.

b. In the impugned application, it is the contention of the wife that the revision petitioner has half share in the premises at No.4, 8^th Street, Sowrashtra Nagar, Choolaimedu, Chennai and the said building would fetch a monthly rent of Rs.1 lakh. That apart, the revision petitioner has also joined as production manager and earning income and she has no income. That application has been disputed by the revision petitioner. The Trial Court taking note of the fact that the minor children are residing with the petitioner, has ordered maintenance of Rs.15,000/- to the wife. Hence, this revision.

3. Originally, the revision petitioner has filed CRP No. 4197 of 2023 challenging the order dated 17.11.2022. The said revision was withdrawn as not maintainable at that stage. Later, in view of a judgment of a Division Bench of this Court, this revision has been filed once again challenging the order dated 17.11.2022.

4. The main contention of the learned counsel for the petitioner is that Trial Court granting Rs.15,000/- maintenance as pleaded by the first respondent is without any evidence. Further, regular income has not been established. Out of the rental income, major portion is paid towards bank interest in respect of the loan borrowed by the petitioner, these facts have not been taken into consideration. Further, the very divorce petition itself is struck off for alleged non payment. According to him, in the Execution Petition, a sum of Rs.1,20,140/- is already paid and the petitioner is now willing to deposit another Rs.2 lakhs, therefore, he may be permitted to contest the divorce petition by allowing the revision.

5. Whereas, it is the contention of the learned counsel for the respondents is that the petitioner has not paid the maintenance as ordered by the Trial Court. While the earlier revision was withdrawn, the petitioner was directed to deposit Rs.3 lakhs and that amount is also not paid, therefore, the revision is not maintainable.

6. Heard both sides and perused the materials placed on record.

7. In light of the above pleadings and submissions, now, the following point arises for consideration:

a. Whether the interim maintenance of Rs.15,000/- per month is reasonable?

Point 'a'

8. The revision petitioner has filed the divorce petition in OP.No.636 of 2021 on the ground of desertio