Judgment V. Dhanapalan, J. 1. By consent of the learned counsel on either side, the Civil Miscellaneous Appeal itself is taken up for hearing and disposal. 2. Heard Mr. C.R. Prasanan, learned counsel appearing for the appellant and Mr. Anand Venkatesh, learned counsel for the respondent. 3. This Civil Miscellaneous Appeal arises against the Fair and Decretal orders dated 31.10.2013 passed in I.A.No.117 of 2012 in H.M.O.P.No.749 of 2007 on the file of Family Court Judge, Coimbatore. 4. The case of the appellant/wife is that the marriage between her and the respondent/husband was solemnized on 04.03.1999 and out of their wedlock, they were blessed with a female child, who is studying in the 5th standard at Blue Bird Matriculation Higher Secondary School, Palladam and is now under the care and custody of the appellant. While so, there arose a difference of opinion between them, as a result of which, the husband filed a petition for divorce in H.M.O.P.No.749 of 2007 and the wife filed a petition in H.M.O.P.No.50 of 2008 for restitution of conjugal rights. There are certain allegations and counter allegations, which are the matters to be decided by the Trial Court based on the materials placed before it. 5. Pending the above Original Petitions, the wife/appellant herein had filed an application before the learned Family Court, Coimbatore in I.A.No.117 of 2012, seeking for interim maintenance of a sum of Rs.15,000/- per month for herself and her child's educational expenses along with litigation expenses of Rs.10,000/-, by claiming that the respondent/husband herein has been earning Rs.50,000/- per month through his proprietorship in the business, being run in the name and style of Abarna Informatics. She has also claimed that payment of school term fees and other miscellaneous fees for her child's education, comes to Rs.60,000/- every year and since she has no other means for her survival, she has pleaded that she is entitled to interim maintenance for herself and her daughter till the disposal of the main petition. 6. The respondent/husband has resisted the above claim, stating that his wife has enrolled herself as an Advocate recently and is practicing advocacy in the capacity of Junior Advocate at Coimbatore. Therefore, she is not at all eligible for any type of alimony at his hands. He has further argued that the application for interim maintenance was filed by her belatedly with the sole intention to harass him. 7.
Therefore, she is not at all eligible for any type of alimony at his hands. He has further argued that the application for interim maintenance was filed by her belatedly with the sole intention to harass him. 7. The learned Family Court, Coimbatore, after looking into the entire scenario, has arrived at a conclusion that though the application for interim maintenance was presented belatedly, yet there is no bar to prefer the same after the commencement of trial. The Trial Court, on considering the prevailing prices in the market and taking into account the reasonable amount required for the provision, clothing, residence, medicine, transportation etc, had directed the respondent/husband to pay a sum of Rs.2,500/- per month to the appellant/wife towards interim maintenance on or before 10th of next every English Calendar month, by declining the request of the wife for payment of Rs.10,000/- towards litigation expenses on account of her appearance to argue the case before it on her own. 8. We have heard the learned counsel for the parties and perused the material documents available on record. 9. This Court had, by observing that there existed some element of amicable settlement, passed the following order on 24.07.2014: “Heard the learned counsel for the parties and also the respective parties, who are present in this Court. 2. On hearing the daughter of appellant, who has come to this Court along with her mother, it is observed that she is very much interested in reunion of her parents and she also wanted her father to be with her always. The statement made by her shows that the separation of her parents has made a deep wound in her mind and she is longing for her parents' love and affection to be showered upon her. 3. Therefore, this Court has explained the appellant and his wife/respondent herein as to the reality of life and suggested for conciliation among themselves so as to reunite happily for the welfare of the child, for which, they request some time to think and come out with a solution. 4. List this matter after two weeks for hearing, enabling the parties to report about their reunion.” 10. Today also, learned counsel on either side along with their respective parties have once again appeared before this Court.
4. List this matter after two weeks for hearing, enabling the parties to report about their reunion.” 10. Today also, learned counsel on either side along with their respective parties have once again appeared before this Court. The husband/respondent has categorically stated that he is not prepared to opt for any amicable resolution of the matter and has decided to contest the matter on merits, besides informing of abiding by the orders to be passed by this Court, whereas the appellant/wife has consistently shown her inclination to lead a happy matrimonial life with the respondent. The daughter of both the appellant and the respondent wanted her parents to be rejoined so as to get parental care and affection. Since the husband/respondent has refused to go for any amicable settlement, we are left with no other option, but to consider the claim and rival claim on merits. 11. The appellant/wife has called in question the award of maintenance and sought for enhancement of the same, on the ground that the monthly maintenance awarded by the Family Court, Coimbatore is not sufficient to meet out the expenses being incurred for her child's education, who is studying in 5th standard at Blue Bird Matriculation Higher Secondary School, Palladam. Ex.P4, School Fees Receipt paid in the name of her daughter has also been produced before the Trial Court in this regard. It is her claim that since her husband is earning a sum of Rs.50,000/- per month through his business run in the name and style of Abarna Informatics, she has sought for payment of Rs.15,000/-per month towards interim maintenance for herself and her child's educational expenses. The Trial Court, on hearing both sides, had awarded only Rs.2,500/- per month to the appellant/petitioner by way of interim maintenance and rejected to grant Rs.10,000/- for her litigation expenses. 12. A perusal of the material particulars, viz., Ex.P1 to Ex.P3 (proof of expenditure incurred for the appellant father's treatment), Ex.P4 (School Fees Receipt paid in her daughter's name, Ex.P5 (Certificate of Practice from Bar Council of India and Ex.P6 (Cover Received from Bar Council of India) would go to show that what was awarded by the learned Family Court, Coimbatore towards interim maintenance does not help the appellant to fulfill her basic requirements, such as provision, clothing, residence, medicines, transportation etc.
and therefore, we are of the considered opinion that the quantum so fixed by the Trial Court could be higher than the one awarded, in view of the fact that the appellant/wife has recently enrolled as an Advocate, appearing for cases at Coimbatore from Palladam itself and she, being a Junior Advocate, may not be in a position to get more income for her survival. 13. Therefore, we are constrained to pass the following orders: i) The amount of interim maintenance so awarded by the learned Family Court, Coimbatore, namely, Rs.2,500/- per month is hereby enhanced to Rs.7,500/-per month. However, the order of the Trial Court in respect of rejection of litigation expenses of Rs.10,000/- is confirmed. ii) The respondent/husband is directed to pay the interim maintenance of Rs.7,500/-to the appellant/petitioner on or before 10th of every English Calendar month without fail; iii) The respondent/husband shall also pay the arrears of interim maintenance, if any, to the appellant from the date of interim petition at the earliest. 14. With the above observations and directions, this Civil Miscellaneous Petition is disposed of. No costs. Connected miscellaneous petition is closed. 15. However, considering the urgency expressed by the learned counsel for the parties, in the best interest of the child, the Family Court, Coimbatore is hereby directed to expedite the trial in H.M.O.P.No.749 of 2007 and H.M.O.P.No.50 of 2008 and decide both the matters on merits one way or the other within a period of six months from the date of receipt of a copy of this order, being not influenced by the order made herein-above.