High Court for State of TelanganaCRP/650/2019dismissed no costs

Jindamnagabushanam v. Jindam Malleshwari

2019-08-30Shameem Akther2 pages

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER CIVIL REVISION PETITION No.650 OF 2019 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/husband, challenging the order dated 14.12.2018 passed in I.A.No.447 of 2018 in H.M.O.P.No.37 of 2018 by the Senior Civil Judge, Jagityal. 2) In brief, the circumstances that led to filing of this C.R.P are as follows:

The revision petitioner (husband) filed H.M.O.P.No.37 of 2018 under Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955 before the Senior Civil Judge's Court, Jagityal, seeking dissolution of marriage between him and his wife (respondent). In the said H.M.O.P, the respondent (wife) filed I.A.No.447 of 2018 seeking monthly maintenance of Rs.5,000/- for herself and Rs.4,000/- each for her two sons. The petitioner filed counter affidavit denying the petition averments. The Court below after hearing both sides, was pleased to grant maintenance of Rs.3,500/- per month to the respondent and her children. Aggrieved by the same, the petitioner filed this C.R.P. 3) Heard Sri B. Dileep Kumar, learned counsel for the petitioner and perused the record.

4) Learned counsel for the petitioner would submit that the petitioner is an agriculturist and he has no sufficient income to maintain his wife and children. The Court below is not justified in awarding monthly maintenance of Rs.3,500/- to the respondent and

children, which is excessive and ultimately prayed to set aside the same.

5) It is pertinent to state that the cost of living and educational expenses are very high now-a-days. The Court below had rightly granted maintenance of Rs.3,500/- per month to the respondent and her children assigning number of reasons.

There are no circumstances to interfere with the impugned order. The Civil Revision Petition is devoid of merit and is liable to be dismissed. 6) Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this revision shall stand closed.

__________________________________ Dr. JUSTICE SHAMEEM AKTHER Date: 30.08.2019 scs