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2026 Supreme(Online)(Tel) 18283

IN THE HIGH COURT FOR THE STATE OF TELANGANA

HYDERABAD


CIVIL REVISION PETITION No.863 of 2025


Between:

Tippadampally Kalyan Kumar

.. Petitioner

AND

Kadli Sowmya.

.. Respondent


ORDER PRONOUNCED ON: 09.06.2026


THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

ORDER:

1. The present Civil Revision Petition has been filed aggrieved by the order, dated 12.12.2024, passed by the Judge, I Addl. Family Court-cum-XIV Addl. Metropolitan Sessions Judge, Hyderabad, in I.A. No.1223 of 2023 in O.P.No.1486 of 2022.

2. Heard Sri Nyayapathi Prashanth, learned counsel for the petitioner, and Sri Dharmesh D.K. Jaiswal, learned counsel for the respondent.

3. The respondent filed I.A. No.1223 of 2023 in O.P. No.1486 of 2022 under Section 24 of the Hindu Marriage Act r/w Sec. 151 C.P.C with a prayer to direct the petitioner to pay an amount of Rs.7,50,000/- to her daughter as maintenance pendent-lite and expenses of legal proceedings and for further studies.

4. The facts of the case are that the marriage between the parties was performed according to the Hindu rites on 14.02.2020 at Hyderabad. At the time of marriage, the petitioner was working as a Software Engineer in the U.S.A.

5. Due to family disputes between the parties and due to the attitude of the respondent, the marriage was not consummated. Due to the acts of the respondent, the petitioner was constrained to file O.P. No.25 of 2021 before the Family Court at Mahaboobnagar, which was subsequently transferred to the Court of the Judge, I Additional Family Court-cum-XIV Additional Metropolitan Assistant Sessions Judge, Hyderabad, and re-numbered as OP No.1486 of 2022. In the said O.P., the respondent, through her father as GPA, has filed the petition u/s 24 of the Hindu Marriage Act vide I.A. No.1223 of 2023 in O.P.No.1486 of 2022 for maintenance pendent-lite.

6. Learned counsel for the petitioner submits that in the said I.A., all false and baseless allegations were made against the petitioner and his family members for granting maintenance pendent-lite to the respondent without there being any grounds to grant the same. He also submits that one of the allegations of the respondent against the petitioner is that the petitioner is working as a Software Engineer and drawing an amount of Rs.15,00,000/- per month, and as such, the respondent prayed the Family Court to grant an amount of Rs.7,50,000/- per month towards maintenance pendent-lite. The trial Court, without application of the provisions of Section 24 of the Hindu Marriage Act and without appreciating the contentions raised on behalf of the petitioner, has granted Rs.2,50,000/- towards interim maintenance, which is illegal and arbitrary. Aggrieved by the same, the present Civil Revision Petition has been filed.

7. At the time of admission, on 13.03.2025, this Hon’ble Court stayed the aforesaid order, subject to the condition that the petitioner shall pay interim maintenance of Rs.1,00,000/- per month to the respondent on or before the 10th day of every succeeding month.

8. Learned counsel for the respondent filed I.A. No.01 of 2026 seeking to strike off the defence of the petitioner for wilful non-compliance with the order dated 13.03.2025, and also filed I.A. No.03 of 2025 seeking to vacate the interim order dated 13.03.2025 passed in the present C.R.P.

9. Learned counsel for the respondent contends that the petitioner disobeyed the order of this Court, and as per the interim order granted by this Court, the petitioner has to pay Rs.20,00,000/- till April, 2025. The respondent was issued a legal notice on 23.01.2025 for compliance with the interim order. The petitioner utterly failed to comply with the order of the trial court as well as this Hon’ble Court. In the said circumstances, it is just and necessary to vacate the interim order granted by this Court.

10. While allowing the I.A., the trial Court relied upon the judgment of Pradeep Kumar Kapur Vs. Ms. Shailaja Kapur, AIR 1989 Delhi 10, which reads as follows:

“The High Court of Delhi interpreted 16 maintenance and support u/s 24 of the HM Act 1955 and observed “Under Section 24 of the Act, the Court has to see if the applicant who may either be wife or husband has no independent income sufficient for her or his

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