ORDER

The parties herein are referred to as husband and wife for the sake of convenience.

2. The petitioner who is the husband is assailing the order dated 24.07.2018 passed on I.A.No.3 in M.C.No.2477/2015 on the file of the III Additional Principal Judge, Family Court, Bengaluru wherein, the Family Court has directed the petitioner herein to pay a sum of Rs.4,000/- each per month to the respondent-wife and the minor son from the date of filing of the application i.e. 24.11.2016 till disposal of the main petition and also directed to pay a sum of Rs.10,000/- per month towards rent and advance amount of rented house to the respondent-wife. In addition, the Family Court also directed the petitioner to incur the education expenses of his son from the academic year 2015-2016 onwards till completion of his education, subject to production of original bills by the respondent-wife herein.

3. Brief facts of the case are, the wife filed a petition under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act (for short 'Act') seeking divorce on the ground of cruelty and desertion. Objections were filed by the husband to the main petition. In the meanwhile, during the pendency, it is also stated that the husband has filed a petition for restitution of conjugal rights in M.C.No.3266/2016 before the Family Court, Bengaluru. This being so, I.A.No.3 under Section 24 of the Act came to be filed by the wife seeking interim maintenance for herself and her minor son Mukul Anandh to the tune of Rs.50,000/- and to pay Rs.4,00,000/- for the educational expenses for the academic years 2015-16 and 2016-17 and Rs.50,000/- towards litigation expenses.

4. The wife contended that the husband has subjected her to cruelty since the date of marriage and has thrown her out from the matrimonial home without taking care of her and her minor son and she being not a well qualified lady, though prior to marriage she was working as a Secretary in a Private firm and later, her husband went to Dubai for job and she was forced her to give up the job and to look after the child. Due to harassment, she was forced to reside in her parental house and unable to maintain herself and her child and sought for maintenance on the ground of desertion.

5. The husband filed objections to I.A.No.3 contending that the application itself is not maintainable as wife is gainfully employed and moreover since wife herself has refused to join the company of the husband and without there being reasonable cause, she is not entitled for maintenance and sought to dismiss the application.

6. The Trial Court considering the material on record and the contentions urged by learned counsel for the parties and taking into consideration that the petitioner is earning substantially and the wife is unable to maintain herself has awarded interim maintenance of Rs.4,000/- each to the wife and the son and Rs.10,000/- towards rent subject to the wife producing receipts to that effect. This is the interim maintenance which has been accorded by the Family Court and the matter is pending consideration in MC No.2477/2015. The Family Court taking into consideration that yet evidence has to be lead by the parties in so far as allegations having been made against each other and pending final adjudication, interim maintenance was awarded to the wife and her son.

7. It is also relevant to note that it is stated by learned counsel for the respondent-wife that not even a single amount of maintenance as ordered by the Family Court has been paid. Taking into consideration that not even a single amount has been paid by the petitioner and the petitioner has filed this petition, the matter is pending from 2018 and the petitioner being able-bodied person, the petition would not be maintainable before this Court as the statute commands there has to be some acceptable arrangements so that she can sustain herself. The matter is pending since 2018 before this Court, no materials are forthcoming to evidence the payment of maintenance a