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High Court for State of TelanganaCRP/3580/2015partly allowed no costs

Smt. Veerina Neeraja v. Veerina Sai , Sai Ram

2015-11-23A Ramalingeswara Rao4 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.3580 of 2015 ORDER:

The petitioner herein is the wife. The respondent herein is the husband, who filed H.M.O.P. No.61/2014 on the file of the Court of the learned Senior Civil Judge, Narasapuram, for dissolution of the marriage between the petitioner and respondent by granting a decree of divorce. The said H.M.O.P. is pending. When the said O.P. was pending, the petitioner herein filed I.A. No.811/2015 for grant of maintenance pendente lite of Rs.10,000/- per month and Rs.50,000/- towards expenses. The learned Senior Civil Judge, Narasapuram, before whom the O.P. was pending, disposed of the said application by order dated 25.07.2015 directing the respondent herein to pay an amount of Rs.

2,000/- per month to the daughter of petitioner by name Kruthi Harshitha from the date of filing of the petition till the date of disposal of the main petition and also an amount of Rs.10,000/- towards legal expenses and travelling expenses to the petitioner to contest the divorce petition in the Court of Narasapuram. It is submitted by the respondent that the petitioner herein filed Transfer C.M.P. No.795/2014 and the said petition was dismissed on 26.03.2015 by directing the Senior Civil Judge, Narasapuram, to dispose of O.P. No.61/2014 within six months from the date of receipt of the said order without insisting the presence of petitioner for each and every adjournment except at the time of giving evidence.

It was also stated that if the petitioner feels any inconvenience for giving evidence, she was at liberty to apply for appointment of Advocate Commissioner for which the respondent agreed to bear the expenses. He also submitted that against the said order, the petitioner herein has preferred S.L.P. C.C. No.15345/2015 before the Supreme Court of India and the same is pending.

The present Civil Revision Petition is filed seeking enhancement of the amount as awarded by the learned Senior Civil Judge, Narasapuram. When the matter is taken up for consideration, the respondent appeared in person and agreed to

pay an amount of Rs.3,000/- per month to the daughter of petitioner by name Kruthi Harshitha from the date of filing of the petition till the date of disposal of the main petition, and I think that the said enhancement offered by the respondent is reasonable. However, with regard to the legal expenses of Rs.10,000/- awarded by the learned Senior Civil Judge, Narasapuram, I deem it appropriate to enhance the said amount by another Rs.10,000/- to be payable by the respondent after three months from the date of this order. Since this Court had already directed the learned Senior Civil Judge, Narasapuram, to dispose of H.M.O.P. No.61/2014 within six months, the amounts granted herein would be subject to further orders to be passed in H.M.O.P. No.61/2014. Accordingly, this Civil Revision Petition is partly allowed to the extent as indicated above. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed.

________________________________ A.RAMALINGESWARA RAO, J 23.11.2015 MVA THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

CIVIL REVISION PETITION No.3580 of 2015

Date: 23.11.2015 MVA