B.Veera Reddy v. Smt.A.Soumya Reddy

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.1271 of 2015 17.04.2015 Between:

B.Veera Reddy

...Petitioner

And Smt.A.Soumya Reddy

...Respondent

Counsel for the petitioner: Mr.V.V.Prabhakara Rao Counsel for respondent: Mr.R.Vinod Reddy The Court made the following:

ORDER:

This civil revision petition arises out of the order, dated 28.10.2014, in I.A.No.229 of 2014 in O.P.No.1228 of 2013 on the file of learned Judge, Family Court, Ranga Reddy District at L.B.Nagar. The matrimonial differences between the petitioner and the respondent have driven them to the legal litigation. The petitioner filed the aforesaid O.P. seeking divorce against the respondent. The respondent, in turn, filed the aforesaid I.A. in the said O.P. under Section 24 of the Hindu Marriage Act, 1955, for interim maintenance at the rate of Rs.20,000/- per month pending the O.P. While it is the case of the respondent that the petitioner is earning Rs.1,20,000/- per month as a software engineer, the petitioner has denied the same. However, he has not pleaded as to the quantum of salary he is earning. The Family Court, by the order under revision, fixed a sum of Rs.15,000/- towards monthly maintenance of the respondent payable by the petitioner. Feeling aggrieved by this order, the petitioner filed this revision petition.

On 10.04.2015, this Court adjourned the case after hearing the learned counsel for the parties to enable the learned counsel for the petitioner to place before the Court the relevant evidence regarding the actual quantum of salary being earned by the petitioner. Today, the petitioner has placed before the Court a computer generated pay slip which shows that he is earning a gross salary of Rs.33,008/-. Mr. R.Vinod Reddy, learned counsel for the respondent, has seriously disputed the genuineness of this evidence. In the absence of authentic evidence, this Court does not intend to adjudicate on this

seriously disputed aspect. However, considering the facts and circumstances of the case, this Court feels that it would be reasonable if the petitioner is directed to pay Rs.10,000/- per month towards maintenance of the respondent and their son besides paying another sum of Rs.2,500/- per month for meeting the educational expenses of the child.

Accordingly, the order of the Family Court is modified by reducing the monthly maintenance to Rs.12,500/-. Learned counsel for the petitioner has admitted that his client is liable to pay arrears. Hence, the petitioner is permitted to pay the arrears calculated at the rate of Rs.12,500/- per month on or before 05th June, 2015 by crediting the amount in the account of the respondent through RTGS. The petitioner shall also continue to pay monthly maintenance at the rate of Rs.12,500/- from the month of April, 2015 on or before 05th of every succeeding month through RTGS.

Subject to the above modification and directions, the Civil Revision Petition is disposed of.

As a sequel to disposal of the Civil Revision Petition, C.R.P.M.P.No.1720 of 2015 filed by the petitioner for interim stay shall stand disposed of as infructuous.

__________________________ (C.V.NAGARJUNA REDDY, J) 17th April, 2015 GHN