THE HON’BLE SMT. JUSTICE RENUKA YARA CIVIL REVISION PETITION No.466 of 2025

ORDER:

Heard Sri. C.V.L.Narasimha Rao, learned counsel for the revision petitioner and Sri.Khaja Vizarath Ali, learned counsel for the respondent. Perused the record.

2. This Civil Revision Petition is preferred aggrieved by the order dated 10.01.2025 in I.A. No. 469 of 2023 in F.C.O.P. No. 385 of 2022 by the learned Principal District and Sessions Judge-cum- Family Court, Medchal Malkajgiri District at Kushaiguda, wherein, the petition filed under Section 24 of the Hindu Marriage Act, 1955, was partly allowed granting interim maintenance of Rs.24,000/- per month to the respondent/wife and son payable by the petitioner/husband from the date of petition within three (03) months in three installments and also to pay the regular maintenance on or before 10^th of every succeeding month from the month of February, 2025.

3. The petitioner and respondent are husband and wife having been married on 11.10.2017 under Hindu Rites and Customs at Vorla Laxmi Narasamma Conventions, Saket, Kapra, ECIL Post, Hyderabad. Thereafter, disputes arose between the respondent on one hand and the petitioner and his family members on other hand. According to the respondent, the petitioner herein and his family members have abused her in filthy language and necked her out on 29.09.2020 with a demand for additional dowry of Rs.40,00,000/-. The respondent was waiting for reconciliation but the petitioner filed a divorce petition in F.C.O.P. No. 385 of 2022 under Section 13(1)(ia) of the Hindu Marriage Act, 1955, with a false allegation of cruelty and thereafter, the respondent filed H.M.O.P. No. 105 of 2022 on the file of learned I Senior Civil Judge Court at Markapur in Prakasam District and then there were attempts at compromise upon withdrawal of cases. However, the petitioner did not come for counselling and subsequently, did not allow the respondent to enter into matrimonial house leading to filing of cases under Section 498(A) of the IPC and Sections 3 and 4 of the D.P. Act. The respondent is residing with her parents and does not have any independent source of income.

4. The petitioner is working as Deputy Manager, ERP HR AD in Vodafone at Pune and has salary of more than Rs.1,00,000/-. The respondent is a BSC graduate and her general monthly expenses are Rs.68,000/- and she has no other source of income. Therefore, sought interim maintenance of Rs.60,000/- per month.

5. The petitioner is a MBA graduate and his general monthly expenses are Rs.10,000/- and he is a private employee and getting salary of Rs.55,000/- per month. The petitioner’s case is that the respondent is earning Rs.30,000/- per month, but no document is filed in that regard.

6. Having considered the ambit of facts and circumstances, the learned Family Court granted interim maintenance of Rs.24,000/- per month with arrears. Aggrieved by the same, the present civil revision petition is preferred.

7. In the grounds of the revision petition, it is pleaded that the order passed is bereft of reasons, that the liabilities of the petitioner who has to maintain his parents have not been considered. Further, the capability of the respondent to maintain herself is not considered while granting exorbitant interim maintenance. On the basis of the aforementioned grounds, the petitioner prayed that the impugned order be set aside.

8. The respondent filed counter stating that she is residing with her parents in a remote village as the petitioner refused to keep her in his home with dignity of a legally wedded wife. There is a condition imposed on the respondent not to do any job. The respondent is facing trauma as she is unable to do job with a son aged two (02) years. The respondent is dependent on her parents and also her son is also maintained by the parents and they do not have any movable and immovable properties. The petitioner has stated that he is getting a salary of Rs.55,000/- per month but the income tax and salary re