In Criminal Revision Case, the Hon'ble Court dismissed the petitioner husband's challenge to interim maintenance orders against his wife (a student-doctor) and minor children, holding that the award order allowed despite the wife's claimed higher income.
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.
HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL REVISION CASE NO.742 OF 2010
DATE:28.07.2010
Between:
Dr. M. Nagi Reddy
…… Petitioner.
And:
Dr. Y.Yeshodha and 3 others
…..Respondents.
HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NO.742 OF 2010
ORDER:
1. The petitioner who is husband of the 1st respondent and father of the respondents 2 and 3 is questioning order dated 12.03.2010 passed by the Judge, Additional Family Court, Hyderabad in M.P.No.117 of 2010 in M.C.No.287 of 2009 granting interim maintenance of Rs.10,000/- per month to the wife and at the rate of Rs.3,000/- per month to each of the respondents 2 and 3. In so far as payment of interim maintenance to the minor children/respondents 2 and 3 is concerned, the petitioner has no grievance. He has every objection to pay maintenance to the 1st respondent/wife. Admittedly both the parties are living separately. There is no dispute that the 1st respondent is a student of D.N.B (Radiology) at Princess Durru Shehvar Hospital, Hyderabad getting stipend of Rs.12,500/- per month. It is contended by the petitioner’s counsel that the 1st respondent apart from being a student, is working as
resident doctor in the same hospital and is getting salary for the same. As the matter now stands, there is no proof to show that the 1st respondent is also working as a resident doctor in the same hospital and is getting any salary from that hospital. Stipend received by a student cannot be taken as income. It is a money paid to a student for incurring professional expenditure and to purchase study material etc. Admittedly the petitioner is a Lucrative Diabetologist. Previously he was in U.K. It is stated that now he left his lucrative practice at U.K and came down to India because of these cases. Even in India, Diabetologists have equally lucrative practice. So, I do not see any reason to interfere with the order passed by the lower court.
2. In the result, the criminal revision petition is dismissed.
__________________________________ SAMUDRALA GOVINDARAJULU,J. Date:28.07.2010. Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL REVISION CASE NO.742 OF 2010
Date:28.07.2010
Gk.
1 issue framed by the court
Whether interim maintenance granted to the wife as a student-doctor working as a resident physician with a low stipend should be reduced given the petitioner's lucrative professional background.
Dr. M. Nagi Reddy
Dr. Y. Yeshodha
SAMUDRALA GOVINDARAJULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
