JUDGMENT

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

The Civil Miscellaneous Appeal has been directed against the fair and decreetal order dated 23.01.2021 made in I.A.No.2314/2016 in O.P.No.3465 of 2015 by the learned II Additional Judge, II Additional Family Court, Chennai, thereby directing the appellant-husband to pay a sum of Rs.10,000/- p.m. towards interim maintenance to the respondent-wife for the welfare of their minor child, namely, Aswinth Kumar, aged about 8 years.

2. The short facts of the case are as follows:

The marriage between the appellant and the respondent was solemnized on 12.02.2012 and they were blessed with a male child, who was born on 02.04.2013. Thereafter, it is stated that since the appellant-husband has not shown any interest to take care of his wife and the child, the respondent-wife left the matrimonial home and went to the parental home. Subsequently, the appellant-husband filed a petition for divorce. But the respondent wife has filed O.P.No.3465/2015 seeking restitution of conjugal rights. Though the respondent wife has been working as Duty Nurse in V.S.Hospital, Chennai, she finds it difficult to run the family with her income alone. Therefore, since the appellant husband is working in BHEL and earning a handsome salary, the respondent wife has filed I.A.No.2314/2016 in the pending O.P.No.3465/2015 seeking interim maintenance of Rs.25,000/- p.m. for the welfare of their child. Though the same was resisted by the appellant husband by filing a counter affidavit, after contest, the learned II Additional Principal Judge, II Additional Family Court, Chennai, while partly allowing the prayer of the respondent-wife directed the appellant-husband to pay Rs.10,000/- p.m. to the petitioner for the welfare of the minor son w.e.f. 23.09.2016 and further directed to pay the arrears of interim maintenance till January, 2021 on or before 26.02.2021 and also directed to pay the interim maintenance at the rate of Rs.10,000/- p.m. continuously. Aggrieved over the same, the appellant-husband is before this Court with this Civil Miscellaneous Appeal.

3. Learned Counsel for the appellant-husband submitted that the appellant-husband has preferred a petition seeking divorce on the ground of cruelty and desertion caused by the respondent-wife. Learned Counsel further submitted that when the respondent-husband is working as Nurse in a private hospital, she can very well take care of herself and the minor son and when she left the matrimonial home on her own accord, she is not entitled for any interim maintenance as awarded by the trial court.

4. Learned Counsel for the respondent-wife submitted that though the appellant husband has filed a petition seeking divorce, the respondent wife has filed O.P.No.3465/2015 seeking restitution of conjugal rights and also filed I.A.No.2314/2016 seeking interim maintenance for the welfare of their minor son who was born on 02.04.2013. Learned Counsel for the respondent further submitted that the appellant husband has been working as Welder-Labour Category in BHEL and also drawing a monthly salary of Rs.59,845.67p. Therefore, it is his duty to maintain his minor son. Therefore, the present appeal has to be dismissed, it is pleaded.

5. Heard the learned Counsel on either side and we have also gone through the records carefully.

6. At the outset, the facts that the marriage between the appellant and the respondent was solemnized on 12.02.2012 and they were blessed with a male child, who was born on 02.04.2013 and due to some difference of opinion between them, they were separated are not in dispute. Subsequently, it appears that the appellant-husband filed a petition for divorce whereas the respondent wife has filed O.P.No.3465/2015 seeking restitution of conjugal rights and also filed I.A.No.2314/2016 in the pending O.P.No.3465/2015 seeking interim maintenance of Rs.25,000/- p.m. for the welfare of the child on the ground that though she has been working as Duty Nurse in V.S.Hosp