COMMON JUDGMENT

(Judgment of the Court was delivered by T.RAJA, J.

Challenging the impugned fair and decreetal order dated 31.07.2019 passed in I.A.No.1 of 2019 in O.P.No.4009 of 2017 by the learned VI Additional Family Court, Chennai, ordering a sum of Rs.15,000/- per month towards interim maintenance to the wife and minor child, Mr.Vikas Jain, husband of Sneha Jain, has filed C.M.A.No.332 of 2021 seeking to set aside the impugned order and on the other hand, Mrs.Sneha Jain, wife of Mr.Vikas Jain, also has filed Cross Objection No.19 of 2021 seeking to enhance the interim maintenance awarded by the learned Court below.

2. For the sake of convenience, the husband will be referred to as appellant and the wife will be referred to as respondent.

3. Initially, the respondent/wife has filed O.P.No.4009 of 2017 under Section 13(1)(ia)

of the Hindu Marriage Act, 1955, seeking for divorce. However, pending the same, she has filed I.A.No.1 of 2019 seeking Rs.50,000/- towards monthly maintenance, Rs.50,000/- towards litigation expenses and Rs.22,00,000/- towards her stay period away from matrimonial home.

4. Learned Family Court, after considering the oral and documentary evidence placed before it, partly allowed the said IA directing the husband to pay a sum of Rs.15,000/- per month towards interim maintenance to his wife and son. Aggrieved by the same, the husband has filed C.M.A.No.332 of 2021 and the wife has filed Cross Objection No.19 of 2021 with a prayer cited supra.

5. When the matter was taken up on 30.03.2021, since the husband has expressed his willingness for reunion, this Court directed both parties to appear before us on 31.03.2021 to sort out the difference of opinion if any between the husband and wife. Accordingly, today, they have appeared before us. Although, the appellant/husband has expressed his willingness for reunion, the respondent/wife has not agreed for the same. Therefore, after some deliberations, we are of the considered view that the issue relating to divorce has to be adjudicated and decided by the learned Family Court in pending O.P.No.4009 of 2017.

6. With regard to maintenance, learned counsel for the respondent/wife has not produced any documentary evidence to show that he is earning any handsome monthly salary by working in any Company so as to order monthly maintenance of Rs.50,000/- as sought for by her. On the other hand, he has produced a WhatsApp chat message, in which, it is simply stated that he is working as Senior Engineer in TVS.

7. Deprecating this submission, learned counsel for the appellant/husband submitted that the husband is working only on a temporary basis in TVS and, as and when any work is assigned, he will go and visit the site, for which, he is paid only Rs.15000/- to Rs.20000/- per month.

8. In view of the above, since the wife has not produced any document to substantiate the monthly salary of her husband, we are not in a position to enhance the interim maintenance ordered by the learned Family Court. However, as and when any fresh documentary evidence in respect of monthly salary of husband is produced, learned Family Court may consider her claim of interim maintenance. Accordingly, we hereby direct the appellant/husband to pay a sum of Rs.15,000/- per month as ordered by the learned Family Court. It is, at this stage, learned counsel for the wife submitted that the husband has been paying only Rs.10,000/- per month towards interim maintenance for the past three years and therefore, he may be directed to pay the balance amount of Rs.5,000/- for 34 months i.e. totally a sum of Rs.1,70,000/- as arrear. Learned counsel for the husband sought for some time period to pay the said arrear amount. Therefore, considering the prevailing situation of COVID-19 Pandemic, the husband is directed to pay 50% of arrear amount i.e. Rs.85,000/- within a period of two weeks from the date of receipt of a copy of this judgment and the remaining 50% i.e. Rs.85,000/- shall be paid within a period of two