High Court for State of TelanganaCRP/3769/2014dismissed no costs

Indurthi Pothu Raju v. Indurthi Siva Parvathi

2015-02-02Vilas V.Afzulpurkar3 pages

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CRP No. 3769 of 2014 Date of Judgment: 2.2.2015 Between:

Indurthi Pothu Raju

...Petitioner

And Indurthi Siva Parvathi ..Respondent THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 3769 of 2014 ORDER:

Heard learned counsel for the petitioner.

The petitioner-husband has filed the present revision petition questioning the order dated 20.2.2014 passed by the Senior Civil Judge, Chirala in I.A.No. 1033 of 2013 in HMOP No. 46 of 2014.

The marriage between the petitioner and the respondent is not in controversy. The respondent-wife

filed H.M.O.P. No. 46 of 2013 against the petitionerhusband seeking divorce. She also filed an application seeking interim maintenance along with main O.P. The Court below considered the said application and by the impugned order it granted monthly interim maintenance of Rs.5,000/- to the respondent-wife and minor child and Rs.5,000/- towards legal expenses. The impugned order was passed on 20.2.2014 and after almost one year the present revision petition is coming up for consideration. The learned counsel for the petitioner has vehemently contended that no evidence was let in by the respondent before the Court below to substantiate her claim. It is significant to notice that it is not the case of the petitioner that the respondent has any independent source of income.

Therefore, the Court below held that the petitioner is unable to maintain herself and her minor child and the petitioner has got means to provide maintenance to them taking into consideration the allegations of the respondent that the petitioner owns a tractor and lands and earning Rs.1500/- per day and passed the impugned order taking into consideration the facts and circumstances of the case. The quantum of interim maintenance granted by the Court below is reasonable in view of the costs of living and rise in inflation.

order.

The revision petition is accordingly dismissed along with miscellaneous applications, if any. No order as to costs.

_________________________ VILAS V. AFZULPURKAR, J Dt. 2.2.2015 KR