Pydisetty Lava Kumar v. Pydisetty Swathi

THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA Civil Revision Petition No. 5834 of 2017 ORDER:

Heard Sri Srinivas Ambati, learned counsel for the revision petitioner.

2.

Learned Judge, Family Court-cum-III Additional District & Sessions Court, Srikakulam, in an application (I.A. No.374 of 2017) for grant of interim maintenance in M.O.P. No.45 of 2016 awarded a sum of Rs.10,000/- per month to the petitioner-wife, who is the respondent in the present Criminal Revision Case. The husband, who is the revision petitioner herein, got aggrieved and preferred the present Criminal Revision Case.

3.

The learned counsel would submit that the pay slip filed would clearly indicate gross salary was Rs.50,789/- in view of the deductions at Rs.27,101/-, net pay has been only Rs.23,558/- and, therefore, the Family Court ought not to have awarded Rs.10,000/- towards interim maintenance, being paid by him. Questioning on the ground that it is on higher side, the present Criminal Revision Case is filed.

4.

As could be seen from the pay slip, besides statutory deductions, there have been certain other deductions, which cannot be taken into consideration or account in awarding interim maintenance. 5.

When viewed in that angle, certainly, the amount of Rs.10,000/- granted by the learned Judge, Family Court, cannot be

considered as excessive, more particularly, when the respondent is Loco Pilot.

6.

Hence, the present Civil Revision Petition is dismissed. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the Civil Revision Petition shall stand closed. ________________________ A. SHANKAR NARAYANA Dt.10.11.2017 gbs