The court must ensure thorough consideration of financial responsibilities in interim maintenance cases, balancing the incomes of both parties while providing fair directions regarding educational expenses.

ORDER :

S. Sounthar, J.

CRP No.2109 of 2025 has been filed seeking a direction to the Principal Judge, Family Court, Chennai to number the application filed by the petitioner/ wife seeking to strike off the pleadings of the respondent/husband for his failure to comply with the order of interim maintenance made in I.A.No.1 of 2023 in O.P.No.2134 of 2023, dated 30.12.2024.

2. CRP No.2712 of 2025 has been filed by the petitioner/wife seeking enhancement of interim maintenance awarded by the Family Court, Chennai in I.A.No.1 of 2023 in O.P.No.2134 of 2023.

3. It is not disputed that the respondent/husband filed the main original petition seeking dissolution of the marriage between the petitioner and the respondent that had taken place on 04.05.2001 on the ground of cruelty. Pending main O.P., the petitioner filed I.A.No.1 of 2023 seeking interim maintenance and also litigation expenses. The said interim application was partly allowed by directing the respondent/husband to pay a sum of Rs.50,000/- per month to the petitioner's son, who is under custody of the petitioner, apart from the educational expenses of the son and daughter, till the disposal of the main petition.

4. As far as CRP No.2109 of 2025 is concerned, the same has been filed seeking a direction to the family court to number the application filed by the petitioner seeking to strike off the pleadings of the respondent/husband in O.P.No.2134 of 2023 for his failure to comply with the interim maintenance order passed in the above main petition. According to the petitioner, the respondent failed to pay educational expenses to the petitioner's daughter and the said fact was brought to the notice of the court by two memos dated 17.02.2025 and 15.03.2025. It is further stated by the petitioner that due to the refusal of the respondent to pay educational expenses to the petitioner's daughter, the petitioner was constrained to borrow money from her relatives and to make payment of Rs.12,13,994/- to her daughter’s education during September and November 2024. In view of the same, the petitioner filed an application seeking to strike off the pleadings of the respondent in the main OP and the same was returned by the court stating that no such order has been passed. Therefore, the instant civil revision petition has been filed seeking a direction to the family court to number the petition.

5. It is seen from the records that the petition filed by the petitioner seeking a direction to strike off the pleadings of the respondent in the main OP was returned by the family court on 15.04.2025 raising objections with regard to its maintainability. The petitioner re-presented the papers on 30.04.2025 by offering her explanations relying on the order dated 30.12.2024 passed in I.A.No.1 of 2023. However, the family court, again, returned the papers on 20.05.2025 stating that no such order was passed. Hence, the petitioner has come before this court.

6. The operative portion of the order passed by the Family Court in I.A.No.1 of 2023 dated 30.12.2024 reads as follows.

“In the result, the petition is partly allowed and the respondent is directed to pay a sum of Rs.50,000/- per month to the petitioner's son towards interim maintenance apart from the educational expenses of son and daughter, from the date of this petition till the disposal of the main petition. The respondent shall clear the arrears within three months from today. The respondent shall continue to pay the monthly maintenance amount to the petitioner on or before the 10th of every English