This court dismissed a civil revision petition challenging the interim maintenance award of Rs.7,000/month to a wife. The court held the trial court’s discretion was rightly exercised and no interference was required.
The Civil Revision Petition is dismissed. Arrears of interim maintenance to be paid within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN
CIVIL REVISION PETITION No.646 OF 2021
ORDER:- (Per Hon’ble Sri Justice C.Praveen Kumar)
The present Civil Revision Petition came to be filed under Article 227 of the Constitution of India challenging the interim order, dated 22.3.2021, in I.A.No.787 of 2019 in H.M.O.P.No.6 of 2019 on the file of the learned Senior Civil Judge, Sattenapalli wherein the respondent herein/wife was awarded interim maintenance of Rs.7,000/- per month from the date of the petition pending H.M.O.P.No.6 of 2019.
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22.10.2015. The respondent’s father purchased household utensils worth Rs.50,000/- and cot worth Rs.30,000/-. Later, after completing ‘attla thadde’ ceremony, she joined the petitioner at Kanchi on 1.11.2015. They led happy marital life for one week and subsequently, differences cropped up between the petitioner and the respondent as a result of which, the petitioner used to pick up quarrels frequently without any reason and also used to demand the respondent to bring additional dowry of Rs.5,00,000/. At that point of time, the respondent was carrying third month pregnancy and her health condition was not good. Her parents took her to Guntur on 1.5.2016 where she was treated. On 14.10.2016, the Doctor advised for immediate surgery, which was informed to the petitioner and his family members, and thereafter, on 15.10.2016, she gave birth to a baby boy. The averments in the affidavit show that the parents of the respondent spent a sum of Rs.4,50,000/- for surgery and for the treatment of the baby. It is further stated that out of the said amount, an amount of Rs.1,50,000/- was paid by the petitioner. The disputes between them led to filing of H.M.O.P. seeking divorce.
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amount of Rs.22,857/- is being deducted towards the loan taken for the treatment of his son.
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Rs.2,000 & odd is deducted and an amount of Rs.10,200/- is being credited to the account of the petitioner every month. Therefore, the argument that substantial amount has been deducted towards payment of loan taken may not be correct. Even otherwise, there is no material on record to show that the petitioner is paying a sum of Rs.5,000/- towards house rent and that he is incurring an expenditure of Rs.5,000/- towards traveling expenses for Court cases. Further, expenses for payment of Ph.D., fee and taxes cannot be a ground to reduce the quantum of maintenance awarded.
Miscellaneous petitions pending, if any, in this Civil Revision Petition shall stand closed.
_______________________________ JUSTICE C.PRAVEEN KUMAR
______________________________ JUSTICE B.KRISHNA MOHAN
Date : 2.8.2021 AMD
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THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN
CIVIL REVISION PETITION No.646 OF 2021
Date : 2.8.2021
AMD
2 issues framed by the court
Whether the quantum of interim maintenance of Rs.7,000/- awarded by the learned Senior Civil Judge requires interference by this Court.
Whether the petitioner’s deductions from salary and personal expenses are grounds for reducing the maintenance quantum.
2 provisions across 2 enactments
Assistant Professor in Sri Chandrasekharendra Saraswathi Viswa Maha Vidhyalaya University
Respondent/Wife
C.PRAVEEN KUMAR
B.KRISHNA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
