The High Court dismissed a civil revision petition challenging an interim order granting the wife monthly maintenance and legal expenses pending the disposal of an operation seeking annulment of marriage. The Court found no error in the trial Court's discretion.
Civil Revision Petition dismissed.
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THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO
CIVIL REVISION PETITION No.3918 of 2015
ORDER:
Heard the learned counsel for petitioner and the learned counsel for respondent.
2. The petitioner is the husband and the respondent is his wife. The petitioner filed O.P.No.441 of 2013 on the file of the Court of the Judge, Family Court, Ranga Reddy District at L.B.Nagar (for short, trial Court) seeking annulment of his marriage with the respondent. When the respondent herein filed I.A.No.5014 of 2013 in O.P.No.441 of 2013 for interim maintenance and for legal expenses, the trial Court granted an amount of Rs.5,000/- per month from the date of the order till the disposal of OP and Rs.10,000/- towards legal expenses, by its order dated 22.07.2015. Challenging the said order, the present Civil Revision Petition is filed.
3. The record shows that the parties were married on 08.05.2002. The respondent filed Crl.M.P.No.3406 of 2012 in DVC.No.19 of 2012, and an order was passed in the said petition on 15.02.2013, ordering maintenance of Rs.4,500/- per month to the respondent and her child. But, when the petitioner did not pay any amount, the respondent filed I.A.No.5014 of 2013 seeking a direction to the petitioner to pay an amount of Rs.5,000/- per month towards maintenance, as the petitioner is working in OCTL, Narkatpally and getting a salary of Rs.20,000/- per month and also getting Rs.50,000/- per month towards rents from the properties owned by him. The petitioner filed a counter stating that he already paid an amount of Rs.83,000/- on 05.06.2014 in pursuance of the order dated 15.02.2013 in DVC.No.19 of 2012 and he has to pay an amount of Rs.20,500/- being the remaining balance amount. He also alleged that the respondent is working as a Junior Lecturer/Tutor in Sri Chaitanya Kalashala, Narayanaguda Branch and drawing a salary of
Rs.12,000/- per month, but she suppressed the said fact.
4. In the facts and circumstances of the case, the trial Court passed the impugned order directing the petitioner to pay an amount of Rs.5,000/- per month towards maintenance from the date of the order till the disposal of OP and Rs.10,000/- towards legal expenses to the respondent. I do not see any error in the order passed by the trial Court, as it is an interim order subject to the final orders that are going to be passed in O.P.No.441 of 2013.
5. Hence, the Civil Revision Petition is dismissed. No order as to costs. Miscellaneous Petitions, if any pending, shall stand closed.
A.RAMALINGESWARA RAO, J
Date: 26.11.2015
TJMR
1 issue framed by the court
Whether the trial Court erred in granting interim maintenance of Rs.5,000 per month and legal expenses of Rs.10,000.
Petitioner (Husband)
Respondent (Wife)
A.Ramalingeswara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
