JUDGMENT

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

Mr.R.Tamilarasan, husband of Mrs.Hemapriya-appellant herein, having been aggrieved by the impugned fair and decreetal order dated 23.03.2021 passed in I.A.No.1 of 2021 in O.P.No.3696/2018 by the learned II Additional Family Court Judge, II Additional Family Court, Chennai, thereby directing him to pay the interim maintenance of Rs.20,000/- per month to the 1st respondent-wife and her son-2nd respondent herein from the date of the petition, namely, 22.02.2021 with a further direction to pay a sum of Rs.25,000/- to the 1st respondent towards litigation expenses, has filed this appeal.

2. Learned Counsel appearing for the appellant-husband would state that the learned Family Court has erred in substantiating the claim of the wife in awarding interim maintenance on the basis of the financial capacity of the husband and other relevant factors, said to have been pleaded by the 1st respondent-wife thereby wrongly believing that the appellant is running a Travel Agency business and a Restaurant and also deriving rental income from two houses located at Pencil Factory located near Mint, Chennai and Edapalayam, Redhills, Chennai. The real facts are that the appellant is running a Call Taxi on hire basis, driving the vehicle on his own as driver without even hiring out the said vehicle and there is no restaurant run by him. These aspects are to be clarified by filing an affidavit of assets and liabilities before the Family Court. But before filing the affidavit of Assets and Liabilities, accepting the case of the 1st respondent, the Family Court has reached a conclusion that the appellant-husband shall pay a sum of Rs.25,000/- every month towards interim maintenance to the respondents herein.

3. Learned Counsel appearing for the appellant-husband would further state that though an affidavit of assets and liabilities has to be filed as directed by the Apex Court before deciding the quantum of monthly interim maintenance, since the appellant was unable to run his call taxi during the pandemic situation, which is the only source for eking out his livelihood, he could not file the affidavit of assets and liabilities before the trial court. Therefore, if further more time is granted for filing the affidavit of assets and liabilities, he would satisfy the trial court in awarding the fair amount towards monthly maintenance. The learned Counsel would also state that so far as the payment of tuition fees of his son is concerned, he would pay the entire tuition fees through out and as he is a dutiful father, he would not evade from his liability at any point of time. But insofar as the payment of maintenance is concerned, he would pay a sum of Rs.10,000/- per month and in case of any reason, both the mother and the child fell ill that medical expenses also would be met with on his own. Therefore, the amount of interim maintenance fixed by the Family Court at Rs.20,000/- p.m. may be modified till the Family Court decides the matter on considering the affidavit of assets and liabilities to be filed by the appellant-husband shortly.

4. Mr.D.Ajith Kumar, learned Counsel appearing for the respondents, opposing the above prayer, would submit that while the respondents have moved an interlocutory application in I.A.No.01/2021 seeking interim maintenance stating that the appellant is running a Travel Agency, Restaurant as a partner therein and was also receiving a monthly rental income from two houses situated at Pencil Factory near Mint, Chennai and Edapalayam, Redhills, Chennai, the appellant has failed to file an affidavit of assets and liabilities, denying the same, therefore, the Family Court, taking into account the said fact that there is no any evidence on the part of the appellant on the above averments, ordered Rs.20,000/- towards interim monthly maintenance for the respondents herein. Hence, with the minimum amount of Rs.20,000/-, the 1st respondent has to meet out the tuition fees of t