ORDER

Aggrieved by the Order passed in I.A.No.3 and I.A.No.9 in M.C.No.5059/2019 dated 30th August 2023, both the husband and wife are before this Court by filing Writ Petition No.23256/2023 and Writ Petition No.4029/2024, respectively.

2. Parties are referred to as 'husband' and 'wife' for the sake of convenience.

3. M.C.No.5059/2019 is filed by the husband seeking divorce. In that case wife had filed I.A.No.3 seeking maintenance of an amount of Rs.50,000/- to both herself and to the boy, Rs.3,00,000/- towards litigation expenses. Husband has filed I.A.No.9 seeking interim custody of the minor child on second and fourth Friday 8.00 p.m., to Sunday 8.00 p.m. It is the case of the wife that the boy is suffering from autism and the husband who is doing business and having enough resources, is not contributing anything for the boy. She is residing with her widowed mother who is aged 71 years. It is the case of the wife that she is working in Amazon and earning an amount of Rs.20,000/- p.m., which is insufficient to maintain herself and the boy. Her mother is paying an amount of Rs.5,000/-. She cannot even afford to pay loan from her salary. She has also produced the doctor's certificate to substantiate the health issue of the boy and because of this condition, she is not able to meet the medical, education and other expenses of the child. Hence, she sought for the maintenance.

4. The husband has filed his objections stating that the wife is gainfully employed in an M.N.C earning a salary of Rs.46,304/- p.m. She is having ornaments and other assets. It is his case that he is earning an amount of Rs.13,703/- p.m.

The wife is trying to squeeze money from him for leading luxurious life. When it comes to the maintenance of the child, he is interested to take care of the educational and medical expenses of the child. He is capable of maintaining the child. His parents are also ready to take care of the child in his absence. The child is aged about 06 years 09 months. Hence, he has requested to hand over the custody of the child. The wife has filed her objections stating that child is of 06 years and studying in first standard and also suffering with autism. She is meeting the expenses of the child including medical expenses. On several occasions, she had requested the husband that they can again lead a happy marital life. The request was not considered by the husband.

5. In the Court below, the husband has filed statement of Assets and Liabilities. It is stated that his father and mother are the dependants and he spent an amount of Rs.15,000/- towards them. It is also stated that he is having rented spice shop of 100 square feet. It is stated that net income from the business is Rs.1,64,440/- for the last year. The statement of account is filed in August 2022. He has a loan from Bajaj Finserv for Rs.2,65,000/-. He has filed an additional affidavit of Assets and Liabilities, wherein it is stated that he has taken loan of Rs.2,00,000/- from the HDFC Finance. According to the wife, her approximate expenditure is Rs.63,000/- p.m.

6. Basing on the said statement of Assets and Liabilities filed by both the parties, the Court below has observed that petitioner has shown his parents as his dependants. He has to provide for the maintenance and educational expenses of the child. Husband has taken his income for the last year as Rs.1,64,440/- and referred the overdraft facility availed by him along with the liabilities. In addition to the liabilities, he has also shown that he has to repay a sum of Rs.9,51,367/-. The father is bound to maintain the child and as a husband, he has the duty to maintain his wife. The Court, considering the health condition of the child, has directed the husband to contribute an amount of Rs.25,000/- p.m., for maintenance to the child. Court has observed that the wife is having her own independent source of income and she is not entitled for maintenance and directed to pay an amount of Rs.50,000/-

towards litigation expens