THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 3692 OF 2013 Dated:28-04-2014 Between:
Ritesh Agarwal ... PETITIONER AND Smt. Dipti Agarwal .. RESPONDENT THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 3692 OF 2013 ORDER:
Aggrieved by the order dated 29-07-2013 passed in I.A No. 534 of 2012 in O.P No. 1156 of 2011 on the file of the learned Judge, Additional Family Court, Hyderabad, the present revision petition is filed.
The petitioner is the husband and the respondent is his wife. The petitioner filed aforesaid O.P against the respondent for restitution of conjugal rights and for grant of visitation rights to see his daughter. During the pendency of the O.P., the respondent – wife filed the above I.A seeking interim maintenance of Rs.25,000/- each to herself and her daughter Kum.Chevi and also Rs.25,000/- towards the legal expenses. She contended that the petitioner is working in Infosys Company earning Rs.50,000/- per month apart from 75,000/- by doing trading in shares. It is her case that she is dependant on her mother and that she has to admit her daughter into a school for which she needs financial assistance. The petitioner filed counter contending that the respondent is working in HSBC earning Rs.30,000/- per month and that she left his company and took away the child without any reason. He paid Rs.10,250/- towards the school fee of the child in the year 2009 and that he also paid Rs.64,000/- towards school fee apart from Rs.4,110/- towards transportation charges when the petitioner and the respondent lived together at Bangalore. He further stated that after coming from Bangalore, he is presently working in C 3/1 since January, 2011 and his net salary is Rs.18,000/- per month . He is ready to accept his liability towards the child. The Court below after hearing both sides as an interim measure directed the petitioner to pay Rs.2,500/- per month towards maintenance to the child from the date of petition till the disposal of the main O.P and further directed to pay Rs.5,000/- to the respondent from July, 2013 till the disposal of the O.P. The petitioner was further directed to pay Rs.5,000/- towards legal expenses. Aggrieved by the same, the present revision is filed.
Learned counsel for the petitioner contends that since the respondent has not placed any material as to why she resigned her job, the trial Court ought not to have awarded interim maintenance. According to the learned counsel, for the purpose of claiming maintenance only, the respondent resigned her job. He further contends that the petitioner has to maintain his old age parents and that the salary drawn by him is not sufficient to maintain himself and his parents.
On the other hand, the learned counsel for the respondent supported the impugned order.
A perusal of the impugned order makes it manifest that the respondent worked in HSBC till June, 2013 and from thereafter she is not working. The salary certificate produced by the petitioner pertaining to December, 2011 reveals that his gross salary was Rs.21,755/- per month and net salary was Rs.20,644/-. Since the petitioner has not produced his latest salary slip, the trial Court came to the conclusion that his income might be more than Rs.20,000/- per month. Taking the same into consideration and in view of the fact that the respondent has to maintain herself and the child, the trial Court rightly granted interim maintenance of Rs.5,000/- per month to the respondent from July 2013 onwards and Rs.2,500/- per month towards interim maintenance to the child from the date of petition and Rs.5,000/- towards legal expenses.
Having regard to the overall conspectus of circumstances, I am of the opinion that determination of interim maintenance by the trial Court in this case does not suffer any illegality or infirmity warranting interference of this Court.
The civil revision petition fails and shall accordingly stand dismissed. Miscellaneous petitions, if any, pending consideration shall also stand dismissed.
ASHUTOSH MOHUNTA, J 28-04-2014 ks