Revision filed under Article 227 challenging dismissal of interim maintenance application. High Court held petitioner has independent income from property rent, barred maintenance, but directed expedited disposal of main suit within six months.
Petitioner's revision dismissed; main suit to be disposed of within six months.
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 M. SATYANARAYANA MURTHY C.R.P.No.766 of 2018
ORDER
This revision under Article 227 of the Constitution of India is filed questioning the order dated 14.10.2017 passed in I.A.No.349 of 2017 in F.C.O.P.No.605 of 2016 on the file of the Judge, Family Court, Secunderabad, dismissing the application filed under Section 24 of Hindu Marriage Act, 1955 (for short ‘the Act’) to grant interim maintenance.
MSM, J C.R.P..No.766 of 2018
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independent source of income sufficient to meet her needs. He contended that he admitted his two children in Kennedy International School by depositing Rs.6 lakhs for each child and that his father is a retired employee and his mother is patient. He also obtained housing loan and is paying Rs.51,000/- per month towards EMI. He further contended that the mother of petitioner is a family pensioner with whom she is residing and consequently, she is disentitled to claim interim maintenance.
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lite taking into consideration of the income. Here in this case, the partition deed was marked as Ex.R1 and the lease deed was marked as Ex.R2. These two documents clinchingly establish that the first floor of the building was allotted to the share of petitioner and the same was leased out to a software company on monthly rent of Rs.28,000/-. This source of income is sufficient to her to meet the expenses for her livelihood and when she possessed sufficient means, she is disentitled to claim maintenance pendente lite in view of the language used under Section 24 of the Act.
M. SATYANARAYANA MURTHY, J
9th February, 2018 sj
2 issues framed by the court
Whether a wife entitled to interim maintenance under Section 24 of Hindu Marriage Act, 1955 when she has independent income from rent and lease advances?
Whether the trial court erred in dismissing the application for maintenance pending litigation on grounds of sufficient independent income of the petitioner?
2 provisions across 2 enactments
Petitioner
Respondent
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
