A civil revision was filed against an interim maintenance order of Rs. 2,000 per month each granted to the wife and daughter. The Single Judge held the award was not high and declined interference.
Civil revision petition dismissed with no costs.
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THE HONOURABLE SRI JUSTICE N.V. RAMANA
CIVIL REVISION PETITION No. 3551 of 2011
ORDER:
This civil revision petition is directed against the order dated 12.07.2011 passed by the Senior Civil Judge, Puttur, Chittoor District, in I.A.No. 37 of 2011 in H.M.O.P. No. 26 of 2010, granting interim maintenance of Rs.2,000/- each per month to the respondent and her daughter, payable by the petitioner herein.
Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the order under revision.
The petitioner is the husband while the respondent is the wife. The petitioner filed H.M.O.P. No. 26 of 2010 against the respondent for grant of decree of divorce by dissolution of their marriage. The respondent-wife filed the present application for grant of interim maintenance, pending disposal of the O.P.
Though the petitioner-husband contends that the respondentwife treated him with cruelty and left his house without any justifiable cause, and as such, she is not entitled for maintenance, the fact remains, the question whether the respondent-wife treated the petitioner-husband with cruelty and left his house without any justifiable cause, is a question that has to be decided based on the evidence to be let in by the parties.
So far as the quantum of maintenance is concerned, though the respondent-wife claimed that the petitioner-husband is having huge properties and earning Rs.2,50,000/- per month, the petitioner denied
the same and it his case that he is working in a wine shop and getting Rs.6,000/- per month. Having regard to the fact that the petitioner is earning Rs.6,000/- per month and he has an obligation to maintain his wife and daughter, the Court below felt it appropriate to grant interim maintenance of Rs.2,000/- each to the respondent and their daughter, and considering the present day standard of living and the prevailing inflation, I am of the considered opinion that the interim maintenance awarded by the Court below cannot be said to be high, warranting reduction in revision.
For the foregoing reasons, I find no reason whatsoever to interfere with the order under revision in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.
The civil revision petition is devoid of merit and is accordingly dismissed. No costs.
__________________ JUSTICE N.V. RAMANA 11th November, 2011 IBL
2 issues framed by the court
Whether the High Court should interfere with the interim maintenance award of Rs. 2,000 per month to the wife and daughter.
Whether the quantum of interim maintenance is arbitrary or high requiring reduction.
Petitioner (Husband)
Respondent (Wife)
N.V. Ramana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
