HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Civil Revision Petition No.65 of 2014 Date: 24-01-2014 Between:
Sammetla Gangadhar .. Petitioner AND Krishnaveni @ Sumalatha .. Respondent HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Civil Revision Petition No.65 of 2014 ORDER:
The Civil Revision Petition is directed against the order dated 06-11-2013 in I.A.No.731 of 2012 in O.P.No.27 of 2013 passed by the Senior Civil Judge, Bodhan, allowing the petition filed under Section 24 of the Hindu Marriage Act, 1954, seeking to grant interim maintenance of Rs.5,000/- per month and a sum of Rs.10,000/- towards expenses.
2. The case of the revision petitioner is that the respondent herein, who is the petitioner before the Court below, is his legally wedded wife and their marriage was solemnized on 20-02-2011 at Thirmanapally village as per the Hindu religious rites and customs. The revision petitioner filed O.P. No.27 of 2013 seeking divorce from his wife, who is the respondent herein, on the grounds of cruelty and desertion. In the said O.P., the respondent herein filed I.A.No.731 of 2012 seeking to grant interim maintenance of Rs.5,000/- per month and a sum of Rs.10,000/-
towards expenses. The case of the respondent herein before the court below is that she is a student of B.Ed., and not doing any work, besides not having any sources of income. She further that the revision petitioner is an agriculturist having four acres of wet land and growing seasonal crops, cows, buffalos and also doing milk business and getting an income of Rs.3,00,000/- per year and that the respondent is now dependent on her parents. The revision petitioner filed counter before the court below stating that the respondent herein is doing embroidery work apart from giving tuitions and earning sufficient amount and that she is having sufficient means to maintain herself. The Court below, on considering the facts and circumstances of the case and the contentions of the parties as well as the admissions of the revision petitioner in the counter with regard to his means, allowed the petition and directed the revision petitioner herein to pay interim maintenance of Rs.2,000/- per month from the date of filing of the petition and Rs.2,000/- towards one time legal expenses, apart from directing to pay arrears of interim maintenance from August, 2012 to October, 2012 @ Rs.2,000/- within one month from the date of order, while directing the future maintenance to be commenced from the month of November, 2013 payable on or before 10th of every succeeding month. Aggrieved by the said order, the present Civil Revision Petition has been filed.
3. Heard the learned counsel for the revision petitioner and the learned counsel for the respondent.
4. Learned counsel for the petitioner submits that the revision petitioner is not having any means to pay interim maintenance and he is totally dependent on his parents and pursuing his studies by taking financial assistance from his parents. He further contends that the order under challenge is erroneous as the court below failed to consider the incapability of the revision petition in paying maintenance to the respondent herein.
5. The facts are in dispute with regard to marital status of the revision petitioner and the respondent. It is also not in dispute that that the revision petitioner filed O.P. seeking dissolution of his marriage with the respondent. The main contention of the revision petitioner is that he has no means to pay interim maintenance to the respondent as he is totally dependent on his parents and he is pursuing his studies by getting financial assistance from his parents. The said contention of the revision petitioner cannot be accepted at its face value as the revision petitioner being a husband is able to do some work to maintain his family and he cannot say that he has no means to pay maintenance. However, the order under challenge was passed by the Court below as an interim measure pending the O.P. and no court can embark upon a roving enquiry in interlocutory proceedings as to the truth or otherwise of the contention of the parties, which can be determined in the main O.P. The order of the court below is just and reasonable basing on the facts and circumstances as stated by the court below and the same does not suffer from any serious illegality or irregularity warranting interference of this court, and hence, the civil revision petition is liable to be dismissed.
Accordingly, the Civil Revision Petition is dismissed. No costs. As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 24-01-2014 Ksn