(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to please the order of the learned Principle Subordinate Judge passed in I.A.No.1 of 2022 in HMOP.NO.363 of 2021 dated 23.02.2024 on the file of the Principle Subordinate Judge, Kancheepuram is liable to be set aside/modification,

Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to call for the records of the order dated 23.02.2024 passed in I.A.No.1 of 2022 in O.P.(HMOP) No.363 of 2021 (CNR.NO.TNKP07-001840-2021) on the file of the Principal Subordinate Court, Kancheepuram and award interim monthly maintenance to the revision petitioner and enhance the quantum of interim monthly maintenance awarded to the minor.)

Common Order:

1. Civil Revision petition No.1804 of 2024 has been filed by the petitioner/husband, challenging the order passed by the trial Court directing him to pay interim maintenance at the rate of Rs.10,000/- per month to the minor child and educational expenses at the rate of Rs.1,50,000/- per annum.

2. Civil Revision Petition No.4306 of 2024 has been filed by the Wife seeking enhancement of the quantum of interim maintenance awarded by the trial Court.

3. The husband/petitioner in CRP.No.1804 of 2024 filed divorce petition against wife/petitioner in CRP.No.4306 of 2024 on the ground of desertion. Pending main original petition, wife filed an application, seeking interim maintenance at the rate of Rs.1,00,000/- per month to her and Rs.50,000/- per month to her minor son. She also claimed Rs.1,50,000/- per annum towards educational expenses and Rs.50,000/- towards litigation expenses. The trial Court by impugned order directed husband to pay Rs.10,000/- per month towards maintenance of minor child and Rs.1,50,000/- per annum towards educational expenses of minor child. The trial Court has not fixed any interim maintenance for wife. Being partly aggrieved by the said order, both the husband and wife filed respective revision petitions.

4. The learned counsel appearing for the husband/petitioner in CRP.No.1804 of 2024 submitted that the amount of Rs.1,50,000/- awarded by the trial Court towards educational expenses is unsustainable in the absence of any evidence to establish the quantum of educational expenses. He also submitted that the Court below committed a serious error in directing the husband to pay educational expenses to bank account of the wife. He further submitted that the husband is ready to transfer the educational expenses to the bank account of the educational institution.

5. The learned counsel appearing for the wife/petitioner in CRP.No.4306 of 2024 submitted that the admitted monthly income of the husband is Rs.4,50,000/- and hence the quantum of Rs.10,000/- fixed by the Court for maintenance of minor child is very much on the lower side. She also submitted that the trial Court committed an error in not awarding any amount towards maintenance of wife.

6. A perusal of the affidavit of assets and liabilities filed by wife would indicate that she is an MCA Graduate and at present, she is a freelancer in BPO job. According to her, she is earning a sum of Rs.15,000/- per month by doing freelancing work.

7. A perusal of the affidavit of assets and liabilities filed by the husband would indicate that he is a B.E. Graduate employed as Lead Process Engineer in a company based in Abudhabi, United Arab Emirates (UAE). He admitted that his monthly income is Rs.4,50,000/-. It is further stated that the residence in which the wife is staying now belongs to husband. Further it is stated that he gifted property with an extent of 2,400 sq.ft at Cuddalore in favour of wife in the year 2015.

8. From the affidavit of assets and liabilities filed by both the parties, it is clear that the wife is doing some freelancing work and getting an income of Rs.15,000/- per month and she is staying in a place which belongs to the husband. The land with an extent of 2,400 sq.ft at Cuddalore has been settled in her name by the husband. These are all the provisions made by the husband to the wife. It is admitted case that the husband is working abroad and earning a sum of Rs.4,50,000/- as monthly income. Having regard to the income of the husband, this Court feels that the amount of Rs.10,000/- fixed by the trial Court as maintenance to minor child is very much on the lower side. Therefore, the amount of Rs.10,000/- fixed by the trial Court is enhanced to Rs.25,000/- per month.

9. A perusal of the impugned order would indicate that the husband had admitted that he paid a sum of Rs.1,50,000/- educational expenses for minor child for the year of 2019 and 2020. Therefore, the trial Court directed him to pay educational expenses at the rate of Rs.1,50,000/- per annum.

10. The learned counsel for the husband submits that the husband is willing to pay the educational expenses directly to the educational institution. The husband can only pay the fees charged by the educational institution directly to the bank account of the institution. The educational expenses of the child includes various other incidental expenses like conveyance to school, private coaching charges, extra curricular sports activity charges and other expenses. Therefore, I am inclined to confirm the quantum of educational expenses fixed by the trial Court at Rs.1,50,000/- per annum and the said amount shall be transferred to the bank account of wife in whose custody the minor child is available.

11. As far as maintenance to the wife is concerned, taking into consideration the husband provided a residence and settled a property at Cuddalore in her favour, the trial Court has not awarded any amount. It is mentioned earlier, as per the affidavit of assets, wife is only earning Rs.15,000/- per month, however, the income of the husband is Rs.4,50,000/-.

12. Taking into consideration, the yawning gap between the income of wife and husband, this Court feels that the wife is entitled to a sum of Rs.20,000/- from her husband towards maintenance.

13. In view of the above discussion, the Civil Revision Petition filed by husband in CRP.No.1804 of 2024 is dismissed and the Civil Revision Petition filed by wife in CRP.No.4306 of 2024 is partly allowed with following directions:

                   (i) The respondent in CRP.No.4306 of 2024 is directed to pay a sum of Rs.20,000/- as monthly maintenance to petitioner/wife;

                   (ii) The quantum of interim maintenance fixed for child is enhanced to Rs.25,000/- from Rs.10,000/-;

(iii) The other directions issued by the trial Court stand confirmed. No costs. Consequently, connected miscellaneous petition is closed.