Dismissed

Jarpala Gopya , Gopi v. Smt Usha Rani

Telangana HC26 Sept 2014CRP/3750/2013

Case brief

AI extract

What is this about?

This court dismissed a Civil Revision Petition challenging an interim maintenance order of Rs. 3,000 per month. The court found the amount reasonable given the husband's salary of approx. Rs. 30,000 and the need to support two young children, finding no infirmity in the lower court's order.

What did the court decide?

Civil Revision Petition dismissed. Petitioner permitted to pay maintenance arrear of Rs. 3,000 per month within three months in three equal installments.

Jarpala Gopya , Gopi Vs Smt Usha Rani — Maintenance and Alimony | Telangana HC (2014)

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HON’BLE SRI JUSTICE CHALLA KODANDA RAM

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C.R.P. No.3750 OF 2013

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ORDER:-

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This Civil Revision Petition is filed by the revision petitionerrespondent against the order dated 16.07.2013 passed by the learned Judge of the Family Court, Nizamabad in I.A.No.32 of 2013 in O.P. No.63 of 2013, whereunder the petitioner-respondent was directed to pay interim maintenance of Rs.3,000/- per month to his wife.

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2. The parties are referred to as arrayed in the present civil revision petition, for convenience sake.

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3. The petitioner filed O.P.No.63 of 2013 seeking divorce on the ground of adultery and cruelty. The respondent-wife filed the I.A.No.32 of 2013 seeking maintenance on the ground that she does not have means to sustain herself and she has two children. The fact that there are two children is not denied and has been admitted. The Court below had considered the averments that the petitioner is drawing Rs.50,000/- per month. Before me, the learned counsel for the respondent had produced the salary certificate of the petitioner. A perusal of the same indicated that even after the deductions, the petitioner take home a salary of about Rs.30,000/- per month. Considering the fact that the respondent has to maintain two children, who are young, the amount of Rs.3,000/- granted by the Court below is reasonable and not excessive. In that view of the matter, I do not find any infirmity in the order of the Court below. Thus, the C.R.P. is liable to be dismissed.

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4. Accordingly, the Civil Revision Petition is dismissed at the admission stage itself. Since the learned counsel for the petitioner prays time for payment of arrears of maintenance amount, the same is considered and petitioner is permitted to pay the arrear amount of maintenance within three months, in three equal amounts commencing from 15^th October, 2014. No order as to costs. Miscellaneous petitions, if any, shall also stand dismissed.

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____________________________ CHALLA KODANDA RAM, J

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Date: 26.09.2014. Ssv

Jarpala Gopya , Gopi v. Smt Usha Rani

Case brief

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Jarpala Gopya , Gopi v. Smt Usha Rani

Case brief

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