O R D E R

This Criminal Revision Petition is filed to set aside and reduce the st maintenance amount of Rs.40,000/- in total, directed to be paid to 1 and nd

2 respondents, by order dated 19.09.2024 in M.P.No.486 of 2024 in M.C.No.302 of 2023 on the file of the IV Additional Family Court, Chennai.

2. The petitioner is the husband, the first respondent is the wife and the second respondent is their minor child. The respondents herein filed a maintenance case in M.C.No.302 of 2023 before the IV Additional Family Court, Chennai. Pending maintenance case, the respondents have filed an application for interim maintenance in M.P.No.486 of 2024. The learned Judge, after hearing the arguments of both sides and also considering the Affidavit of Assets and Liabilities of both the parties, passed an order directing the petitioner-husband to pay a sum of Rs.25,000/- per month to the first respondent-wife and Rs.15,000/- per month to the second respondent-minor child as interim maintenance. Aggrieved by the same, the husband has filed the present petition.

3. Learned counsel for the petitioner submitted that the first respondent-wife is working as a teacher in an international School and earning more than Rs.20,000/- per month. The petitioner-husband is ready to take care of his minor son and also ready to meet out the expenses. Learned counsel further submitted that during the enquiry itself, the petitioner-husband had handed over the jewels and other house hold and silver articles to the first respondent-wife. The first respondent- wife is having sufficient means to maintain herself. It is further submitted that the petitioner-husband is earning a sum of Rs.60,000/- per month. He has obtained loan and same is being deducted from his salary and that he has to maintain his age old parents also. Hence out of Rs.60,000/- the petitioner is not able pay a sum of Rs.40,000/- in total as interim maintenance to the respondents, which is an exorbitant amount. Hence the present petition has been filed by the petitioner-husband

4. Learned counsel for the respondents submitted that the petitioner-husband is working as a Senior Software Engineer and earning a sum of Rs.1,50,000/- per month, apart from that he is doing business with his friends and also earning income, which is evident from the Affidavit of Assets and Liability of the petitioner-husband. Learned counsel further submitted that the respondents had been left abandoned by the petitioner, without any care either as dutiful husband or as a father of the child. The respondents are now taking shelter under the parents of the first respondent. The petitioner is a man of means. The learned Judge, after carefully going through the economic status of the petitioner- husband, directed the petitioner-husband to pay a sum of Rs.40,000/- per month in total to the respondents. Hence there is no merit in the present petition and the same may be dismissed.

5. Heard both sides and perused the materials available on record.

6. Admittedly, the relationship between the parties and the employment of the petitioner-husband, are not in dispute. There is no dispute that both the petitioner-husband and the first respondent-wife are living separately and the second respondent-minor child is under the care and custody of the first respondent-wife. The main contention of the respondents is that the petitioner is earning a sum of Rs.1,50,000/- per month and the Court below had rightly ordered a sum of Rs.40,000/- per month in total as interim maintenance to the respondents.

7. Per contra, the learned counsel for the petitioner submitted that the first respondent-wife is working as a teacher and earning more than Rs.20,000/- per month and she is able to maintain herself and hence the interim maintenance amount as ordered by the Court below, may be reduced and the petitioner-husband is ready to take care of his minor child-second respondent and bear his expense.

8. On a perusal of the records, particularly the impugned order o