THE HON’BLE JUSTICE B.R. MADHUSUDHAN RAO CIVIL REVISION PETITION No.3641 of 2023

ORDER:

1. This Civil Revision Petition is filed under Article 227 of Constitution of India assailing the order dated 25.10.2023 passed in I.A.No.978 of 2022 in O.P.No.696 of 2020 by the learned Judge, I Addl. Family Court – cum – XIV Addl. Metropolitan Sessions Judge, Hyderabad.

2. Petitioner is respondent and respondent is petitioner in I.A.No.978 of 2022, which is filed under Section 24 of the Hindu Marriage Act, 1955 for grant of Rs.40,000/- per month towards interim maintenance, Rs.50,000/- towards legal expenses and Rs.1,50,000/- towards medical expenses.

3. Learned counsel for the petitioner submits that the order of the learned trial Court is arbitrary, contrary to law and probabilities of the case. Respondent-petitioner filed petition under Section 24 of the Hindu Marriage Act seeking interim maintenance, legal expenses and medical expenses from the petitioner- respondent. The learned trial Court without giving any finding on the earning capacity of the petitioner passed order that he is capable to pay maintenance to the respondent. Petitioner is un- employee and lost his job when Carvi Consultants become defunct, where he used to work as small time employee. In the divorce petition filed by the petitioner he stated that he has no source of income and the order passed by the learned trial Court granting maintenance of Rs.20,000/- per month is perverse and prayed to set aside the same.

4. Learned counsel for the respondent submits that the order passed by the learned trial Court is in accordance with the contentions raised by the parties, no interference is called for.

5. Power of the High Court under Article 227 of Constitution of India is supervisory and is exercised to ensure courts and tribunals under its supervision act within the limits of their jurisdiction conferred by law. This power is to be sparingly exercised in cases where errors are apparent on the face of record, occasioning grave injustice by the court or tribunal assuming jurisdiction which it does not have, failing to exercise jurisdiction which it does have, or exercising its jurisdiction in a perverse manner (See: K.Valarmathi and Others Vs. Kumaresan – 2025 SCC OnLine SC 985).

6. Petitioner has filed FCOP.No.696 of 2020 under Section 13(1)(i-a) of Hindu Marriage Act, 1955 to dissolve his marriage with his wife (respondent herein). During the pendency of the said FCOP, respondent-petitioner has filed I.A.No.978 of 2022 seeking interim maintenance of Rs.40,000/- per month, Rs.50,000/- towards legal expenses and Rs.1,50,000/- towards medical expenses.

7. Petitioner-respondent has filed his counter in I.A.No.978 of 2022 but the same was returned vide docket order dated 17.01.2023. Petitioner-respondent has not resubmitted the counter in I.A.No.978 of 2022. The learned trial Court has observed the same in para No.3 of its order that the respondent did not resubmit the counter by the date of order (25.10.2023).

8. Respondent-petitioner counsel has filed copy of assets and liabilities which were filed before the learned trial Court. In column No.G-Assets owned by the deponent (petitioner herein), she stated that petitioner-respondent is fetching a rent of Rs.60,000/- and is in occupation of 3BHK ground floor portion.

9. Learned counsel appearing for the petitioner submits that the learned trial Court has granted interim maintenance of Rs.20,000/- per month, which is exorbitant and the petitioner is not having means to pay the same as he is un-employee.

10. Though the petitioner has filed his counter before the learned trial Court, which was returned with office objections, he did not take steps to resubmit the same.

11. The assets and liabilities filed by the respondent-petitioner goes to show that she has monthly expenses of Rs.40,000/- i.e., for house rent, household maintenance and medical bills, etc., and she do not possess any property of her own and she is un- employee. Though th