IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2021

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA

and

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

C.M.A.No.969 of 2021

and

CMP.No.5407 of 2021

R.Vijayakumar

... Appellant/Respondent/Respondent

-vs-

Kannigaparameswari

... Respondent/Petitioner/Petitioner

Civil Miscellaneous Appeal filed 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.

For Appellant

:

Mr.K.S.Ilangovan

For Respondent :

Mr.Guru Dhananjay

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:

https://hcservices.ecourts.gov.in/hcservices/

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, th