Manchikatla Laxmipathi v. Manchikatla Bhagyalaxmi

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.3 1 3 5 OF 2 0 1 9 ORDER:

This revision petition, under Article 227 of the Constitution of India, is filed by the petitioner-husband aggrieved by the order dated 29.04.2019 passed in I.A.No.125 of 2019 in H.M.O.P.No.26 of 2018 by the Principal Senior Civil Judge at Karimnagar, whereby the application filed by the respondentwife under Section 24 of the Hindu Marriage Act to direct the revision petitioner-husband to pay the maintenance was allowed granting interim maintenance of Rs.10,000/ - per month to the respondent-wife.

2.

Heard learned counsel for the revision petitioner-husband and perused the record.

3.

It has been contended that the respondent-wife has voluntarily left the company of the revision petitioner-husband and therefore, there is no obligation on the part of the petitioner-husband to maintain the respondent-wife. Further, the petitioner-husband has to look after his old aged parents and two handicapped brothers. Granting of interim maintenance of Rs.10,000/ - per month by the Court below is excessive and ultimately prayed to set aside the impugned order. 4.

There is no dispute with regard to the marital relationship between the parties to the litigation. It is the duty of the revision petitioner to maintain his wife. Now-a-days, the cost of living is very high. Hence, the grant of maintenance as indicated above

is not excessive. There is no infirmity in the impugned order. The Court below is justified in granting the said amount. Under these circumstances, the Civil Revision Petition is devoid of merit and is liable to be dismissed.

5.

In the result, the Civil Revision Petition is dismissed. The Miscellaneous Petitions, if any, pending shall stand closed. No costs.

______________________ Dr . SHAMEEM AKTHER, J Date: 31.12.2019 ssp