Partly allowed

P. Vijaya Krishna v. Smt. P. Bhavani

Telangana HC25 Apr 2013CRP/6159/2010

Case brief

AI extract

What is this about?

In a civil revision petition challenging an interim maintenance order of Rs. 5,000 per month awarded under Section 24 of the Hindu Marriage Act, the High Court found the trial court acted on guess work without evidence of the petitioner's income and reduced the amount to Rs. 2,500 per month.

What did the court decide?

Reduced interim maintenance payable under Section 24 of the Hindu Marriage Act from Rs. 5,000 to Rs. 2,500 per month.

P. Vijaya Krishna Vs Smt. P. Bhavani — Maintenance and Alimony | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

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CIVIL REVISION PETITION No.6159 OF 2010

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ORDER:

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The petitioner filed O.P.No.988 of 2009 against his wife, the respondent herein, for divorce in the Court of the Judge, Additional Family Court, Hyderabad, by pleading certain grounds.

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The respondent filed I.A.No.306 of 2010 in the O.P. under Section 24 of the Hindu Marriage Act (for short, ‘the Act’), for interim maintenance @ Rs.15,000/- per month and legal expenses of Rs.25,000/-. The application was opposed by the petitioner. The trial Court passed an order, dated 03-11-2010, directing the petitioner to pay a sum of Rs.5,000/- per month towards maintenance to the respondent. The same is challenged.

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Heard the learned counsel for the petitioner and learned counsel for the respondent.

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Section 24 of the Act provides for grant of maintenance during the pendency of the proceedings. Though the claim is made in a miscellaneous petition, the person, who files an application, must place the necessary material not only regarding his or her expenditure, but also the income of the other spouse. No such effort was made in this case on any of the aspects. The trial Court has just passed the order on guess work unmindful of the actual income of the petitioner. It is stated that the petitioner is doing only petty business by running a courier agency.

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Hence, the Civil Revision Petition is allowed in part, reducing the amount awarded by the Family Court to Rs.2,500/- per month. It is, however, directed that in case the respondent has any information or the material about the income of the petitioner, it shall be open to her to

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place the same before the Court and seek enhancement of the maintenance by filing a separate application. There shall be no order as to costs.

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The miscellaneous petition filed in this Civil Revision Petition shall also stand disposed of.

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______________________ L. NARASIMHA REDDY, J Dated:25-04-2013 nvl/kh

P. Vijaya Krishna v. Smt. P. Bhavani

Case brief

What is this about?

What did the court decide?

P. Vijaya Krishna v. Smt. P. Bhavani

Case brief

What is this about?

What did the court decide?

What the court decided

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