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THE HONOURABLE SMT JUSTICE K. SUJANA
CIVIL REVISION PETITION Nos.1552 AND 1908 OF 2023
COMMON ORDER:
These two revision petitions are filed being aggrieved by the
order dated 06.01.2023 made in I.A.No.173 of 2022 in F.C.O.P.No.28
of 2021 on the file of the Principal Family Court, City Civil Court, at
Secunderabad.
2. As the parties in both the revision petitions are same and both
the revision petitions arise out of same impugned order, both the
matters are being disposed of by this common order.
3. The petitioner in C.R.P.No.1552 of 2023 is wife and the
petitioner in C.R.P.No.1908 of 2023 is husband. The wife filed
F.C.O.P.No.28 of 2021 on the file of the Principal Family Court, City
Civil Court, at Secunderabad, under Section 7(1) of the Family Court
Act, 1984 (for short ‘Act, 1984’) read with Section 9 of the Hindu
Marriage Act, 1955 (for short ‘Act, 1955’) seeking restitution of
conjugal rights. In the said F.C.O.P., she filed I.A.No.173 of 2022
under Section 24 of the Act, 1955, praying to direct the husband to
pay Rs.15,000/- (Rupees Fifteen Thousand Only) per month towards
interim maintenance till disposal of main O.P., and Rs.30,000/-
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(Rupees Thirty Thousand Only) towards litigation expenses in the
interest of justice.
4. The husband filed counter affidavit denying the averments
made in the petition. However, he admitted his marriage with
petitioner and that out of the wedlock, they were blessed with two
children who are now in his custody. It was stated that he is working
in the South Central Railway, Secunderabad, as track maintainer
and drawing a salary of Rs.45,000/- per month. Further, he has
taken loan to clear the medical expenditure of his deceased parents
for which he is paying an amount of Rs.19,417/- per month. As he
resides in rented premises, he is paying monthly rent of Rs.10,000/-,
as such, he gets around Rs.15,000/- in hand and the same is not
sufficient to meet expenses pertaining to his children, household and
his own personal expenses. In other words, he has no sufficient
means to maintain his own basic necessities. Therefore, prayed the
Family Court to dismiss I.A.No.173 of 2022.
5. After hearing submissions made by both sides, the Family
Court partly allowed I.A.No.173 of 2022 and directed the husband to
pay interim maintenance pendent lite and litigation expenses at the
rate of Rs.5,000/- (Rupees Five Thousand only) per month from the
date of petition, payable into the bank account of wife on or before
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10th of every month i.e., pendent lite for 25 months, which comes to
Rs.1,25,000/-.
6. Aggrieved thereby, on the one hand, the wife filed
C.R.P.No.1552 of 2023 challenging the quantum of maintenance
granted by the Family Court, and on the other hand, the husband
filed C.R.P.No.1908 of 2023 praying to set aside the impugned order
dated 06.01.2023.
7. Heard Sri Ganta Rama Krishna, learned counsel for petitioner
in C.R.P.No.1552 of 2023 and for respondent in C.R.P.No.1908 of
2023, as well as, Sri V.K.Shiva Shankar, learned counsel for
petitioner in C.R.P.No.1908 of 2023 and for respondent in
C.R.P.No.1552 of 2023.
8. For the sake of convenience, the petitioner in C.R.P.No.1552 of
2023 and respondent in C.R.P.No.1908 of 2023 is hereinafter
referred as wife, and the petitioner in C.R.P.No.1908 of 2023 and
respondent in C.R.P.No.1552 of 2023 is hereinafter referred as
husband.
9. Learned counsel appearing on behalf of wife, submitted that
though the salary of the husband is about Rs.45,000/- per month,
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the Family Court awarded to wife a meager amount of Rs.5,000/-
towards maintenance and the same is not sufficient for her
maintenance. Further, he contended that even after the Family Court
awarded maintenance to wife vide impugned order dated 06.01.2023,
the husband has not paid any amount to the wife. Therefore, prayed
this Court to enhance the amount of maintenance granted to wife
from Rs.5,000/- to Rs.15,000/- and also to direct the husband to
pay an amount of Rs.30,000/- towards legal expenses.
10. Per contra, learned counsel appearing on behalf of husband,
submitted that the husband is suffering from several ailments and is
only drawing a salary of Rs.45,000/- per month, out of which, he
pays an amount of Rs.19,417/- per month, towards loan, and
Rs.10,000/- per month towards rent, therefore, he roughly gets an
amount of Rs.15,000/- per month in-hand, to manage his own
personal expenses, education expenses of children and other
miscellaneous expenses. As such, the husband is not even in a
position to pay an amount of Rs.5,000/- per month to wife, towards
maintenance, as ordered by the Family Court. Further, the Family
Court has erred in not appreciating the fact that the wife has
suppressed holding of an F.D.R., for an amount of Rs.5,00,000/-.
Therefore, prayed this Court to set aside the impugned order dated
06.01.2023.
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11. After hearing either side, it is noted that there is no dispute
with regard to the marriage and relationship between the parties. It
is also an admitted fact that they were blessed with two children who
are now in custody of husband and that the husband earns about
Rs.45,000/- per month.
12. On going through the material placed on record, this Court is
satisfied that the husband is between a rock and hard place in view
of the expenses resting upon him pertaining to medical, loan, rent,
health and maintenance of children. Therefore, this Court is of the
considered view that the Family Court has rightly awarded an
amount of Rs.5,000/- per month towards maintenance and there are
no merits in C.R.P.No.1552 of 2023 and the same is liable to be
dismissed.
13. In C.R.P.No.1908 of 2023 the plea of husband is that he
cannot pay the maintenance due to his financial conditions. Further,
submitted that wife herself left his company without any reason.
Therefore, he prayed the Court to set aside the order of trial Court in
I.A.No.173 of 2022 by dismissing the same. Having regard to the
financial condition of husband and as admitted by wife that she
holds an F.D.R., of Rs.5,00,000/- this Court is of the considered view
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to partly allow the revision petition by permitting the husband to pay
maintenance from the date of order modifying the order of trial Court
which is ordered ‘from the date of petition’. Therefore, the husband
has to pay the maintenance ‘from the date of order’ as directed by
the trial Court.
14. In view of the above observations, in the result, C.R.P.No.1552
of 2023 is dismissed and C.R.P.No.1908 of 2023 is partly allowed.
There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall
stand closed.
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K. SUJANA, J
Date: 15.12.2023.
PT
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THE HONOURABLE SMT JUSTICE K. SUJANA
P.D. ORDER IN
CIVIL REVISION PETITION Nos.1552 AND 1908 OF 2023
DATE: 15. 12.2023
PT
