Educational expenses for children are a parental obligation that remains irrespective of their age, emphasizing that reaching majority does not equate to financial independence.

ORDER

The Criminal Revision is directed against the order passed in Crl.M.P.No.388 of 2022 in M.C.No.23 of 2020, dated 15.05.2024 on the file of the Family Court, Madurai, granting interim maintenance to the respondents 2 and 3.

2. It is not in dispute that the marriage between the petitioner and the first respondent was solemnized on 04.04.2004 and due to their wed-lock, they were blessed with two male children/respondents 2 and 3, who were born on 09.03.2005 and 19.08.2011 respectively. As usual in matrimonial proceedings, the revision petitioner/husband and the first respondent/wife have raised allegations and counter allegations against each other.

3.It is not in dispute that the revision petitioner has filed a petition in H.M.O.P.No.1107 of 2019 against the first respondent seeking restitution of conjugal rights and the same is pending on the file of the Family Court, Madurai. It is also not in dispute that the revision petitioner has also filed a petition in G.W.O.P.No.1258 of 2019, seeking custody of his minor children/ respondents 2 and 3 and the same is pending on the file of the Family Court, Madurai. It is also not in dispute that the first respondent has initiated proceedings under the Domestic Violence Act in D.V.C.No.21 of 2021 before the Additional Mahila Court, Madurai and that thereafter, the said petition came to be dismissed.

4. It is also not in dispute that the first respondent has laid maintenance claim for herself and on behalf of her minor sons in M.C.No.23 of 2020 and the same is pending on the file of the Family Court, Madurai. Pending enquiry in the maintenance claim, the first respondent has filed an application seeking interim maintenance for herself and for her minor sons in Crl.M.P.No.388 of 2022.

5. The first respondent's primary contention is that the petitioner and his parents subjected her to cruelty from the outset of her marriage. She alleges that she was forced out of the matrimonial home on 04.07.2016, and has since been residing with her parents along with her children. The first respondent further claims that the petitioner has not provided any financial support, despite being a retired naval engineer with a monthly pension of Rs. 35,000. Additionally, she states that the petitioner earns a monthly salary of Rs. 59,621 from his job at the State Bank of India and receives Rs. 16,000 in rent from his own house, making him obligated to maintain her and their minor children, including covering educational expenses.

6.The revision petitioner has filed a detailed counter affidavit, disputing the first respondent's allegations. He claims to have purchased two plots in the first respondent's name and land in joint names, and gave Rs. 59,76,200 to the first respondent for construction. He also alleges that the first respondent's father failed to provide account details. Additionally, the petitioner asserts that he gifted jewelry and a TVS Scooty to the first respondent. He states his total income is Rs.77,576, with monthly expenses of Rs. 66,125, and expresses willingness to pay Rs. 5,000 per child as monthly maintenance. Furthermore, he highlights that his children were admitted to Kendriya Vidyalaya, Narimedu, due to his employment in the Indian Navy, and that he has covered their educational expenses.

7. The first respondent for herself and for her minor sons claimed monthly maintenance at Rs.40,000/- for the first respondent and Rs.20,000/- each for the respondents 2 and 3 and that in the interim maintenance petition also she has claimed the same amount. The learn