In a civil revision petition, the High Court modified a family court order granting alimony, reducing the monthly maintenance amount to Rs.2,000 due to the appellant's income and children residing with him.
Maintenance reduced to Rs.2,000 per month; arrears payable within four weeks; prior deposit refundable.
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 HON’BLE SRI JUSTICE L.NARASIMHA REDDY
CIVIL REVISION PETITION No.1307 of 2011
ORDER:
The petitioner is the husband of the respondent. Out of the wedlock, they have already been blessed with two sons. The parties are, however, living separately on account of differences that arose between them. The respondent filed O.P.No.68 of 2010 under Section 9 of the Hindu Marriage Act, 1955 (for short ‘the Act’) against the petitioner before the Additional Family Court, Hyderabad. She has also filed I.A.No.316 of 2010 under Section 24 of the Act claiming maintenance at the rate of Rs.10,000/- per month for her maintenance and legal expenses of Rs.20,000/-. The said I.A. was contested by the petitioner. The lower Court allowed the same through an order, dated 21.01.2011, granting maintenance at the rate of Rs.3,000/- per month and Rs.2,000/- towards legal expenses. The said order is challenged in this Civil Revision Petition.
Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner and none appears for the respondent.
While issuing notice before admission on 26.04.2011, this Court granted an order of interim stay on condition that the petitioner shall deposit half of the amount awarded by the lower Court. It is represented by the learned counsel for the petitioner that said amount has since been deposited.
The petitioner states that he is earning his livelihood just by doing ordinary labour work. The amount awarded by the trial Court is onerous to him. This Court is of the view that the maintenance can be reduced to Rs.2,000/- per month, particularly when both the children are residing with him.
Hence, the Civil Revision Petition is partly allowed modifying the order under revision, passed by the lower Court by reducing the
maintenance to Rs.2,000/- (Rupees two thousand only) per month. The arrears, if any, shall be paid within four weeks from today. The respondent shall be entitled to withdraw the amount that was already deposited by the petitioner and the one, which may be deposited from time to time. The Family Court shall take up the matter on priority basis and dispose of the O.P. as early as possible.
Miscellaneous petitions, if any, shall stand disposed of. There shall be no order as to costs.
_____________________ L.NARASIMHA REDDY, J.
18th October, 2014
GHN
2 issues framed by the court
Whether the monthly maintenance awarded by the lower court can be reduced
Whether the arrears of maintenance need to be paid
2 provisions across 1 enactments
Petitioner
Respondent
L.Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
