Kande Rajesh Kumar vs P.Radhika

The present revision is filed aggrieved by the orders passed in I.A.No.580 of 2022 in F.C.O.P.No.43 of 2020 dated 22.11.2022 on the file of the Judge, Family Court-cum-IV Additional District and Sessions Judge at Karimnagar, whereby, the court below has allowed the said application granting interim maintenance to the respondent herein @ Rs.8,000/- from the date of filing of the petition until further orders.

I.A.No.580 of 2022 is filed by the respondent herein i.e. wife of the petitioner herein seeking monthly maintenance of Rs.20,000/- each to herself and two kids and the main O.P is filed seeking divorce. It is stated that after filing of the O.P. by the petitioner herein seeking divorce, the respondent herein has filed transfer of that O.P and also filed a criminal cases under Section 498-A IPC and Section 4 of the Dowry Prohibition Act against the petitioner and his family members and the said cases are pending. It is submitted that no document has been filed by the respondent/wife to show that the income of the petitioner and basing on the affidavit and counter, the court below without any basis has granted an amount of Rs.8,000/- per month.

Learned counsel for the petitioner submits that in fact, the wife is not willing to reside with the husband and voluntarily left him. It is stated that the wife who voluntarily left the husband is not entitled for any maintenance and he relied on a newspaper clipping stating that the Hon’ble Apex court has held as such. Learned counsel for the petitioner also relied on an order passed by this court in I.A.No.2 of 2022 in CRP No.2643 of 2022 relying on the orders passed by the Division Bench of this court in R. Parijatham and another v. M. Kameshwari and others 2017 (5) ALD 348 (DB) and Single Judge of this Court in CRP Nos.7304 of 2017 and 7328 of 2017 Dated 05.02.2018, wherein, in the Division Bench judgement, it is held that whenever orders are passed in I.A., the court necessarily has to look at the documents in respect of the said I.A and without marking the documents, basing on the affidavit and counter affidavit, the court cannot pass the orders. He submits that in view of the same, the order passed by the court below is without any basis, arbitrary and illegal.

The petitioner has filed the O.P seeking divorce and as per the order dated 22.11.2022 passed in I.A.No.580 of 2022, it reveals that the respondent herein has filed O.P.No.1285 of 2019 and also criminal cases under domestic violence Act and under Section 498-A IPC. It is also reveals that the respondent filed a petition in domestic violence case seeking interim monthly maintenance, which itself makes clear that any of the reliefs that are claimed under the said Act are in addition to the other reliefs available to the parties. It is further observed in the order that because of interim maintenance application is filed under the domestic violence Act, that cannot be a ground not to grant interim maintenance and disentitle the party claiming maintenance under Section 24 of the Hindu Marriage Act, 1955.

Further, the material on record and the order impugned reveals that no documents are marked on behalf of either the petitioner or the respondent. It is the case of the wife that her husband did his MS from U.K and running a consultancy and earning an amount of Rs.2.00Lakhs per month and no document is marked in that regard. Further, in the counter affidavit that is filed, the petitioner herein has not disputed the fact that he did not pursue his court of MS from U.K.

Out of the wedlock, the parties herein are blessed with two children and the wife has stated that she has to expend huge amount for their education. Though the amount claimed in the I.A is Rs.20,000/-, as no documents are marked, the court below has refused to grant the same and granted only an amount of Rs.8,000/-. Even leaving it aside, if the mother has to take care of her two children by providing them with minimum education befitting the status of their father, the amount that is granted by the court below is a meager amount.

Learned counsel for the petitioner is trying to submit before this court about the technicalities and he has also relied on certain case laws. This is a case where an interim maintenance is granted for a mother and two kids @ Rs.8,000/- per month and whatever the financial status of the husband, he has to take care of the kids and the wife. Hence, in the considered opinion of this court, the amount of Rs.8,000/- that is granted to the wife and two children is a meager amount and the order of the court below is a reasoned one which does not require interference of this court.

When the court was not inclined to entertain the revision, learned counsel for the petitioner submits that the I.A is ordered to pay the maintenance @ Rs.8,000/- per month from the date of petition i.e.07.07.2022. It is submitted that some time may be granted for paying the arrears.

This court is disposing of the revision without issuing any notice taking into consideration the interest of the respondent, where she will get some amount, this court is inclined to grant time to the petitioner and the petitioner is directed to pay the entire arrears of Rs.48,000/- by 07.05.2023 in two installments as below:

Rs.32,000/- i.e. half of arrears Rs.24,000/- + maintenance for the month of January, 2023 Rs.8,000/- on or before 07.02.2023.

Rs.24,000/- i.e. remaining half of arrears on or before 07.05.2023.

Further, the petitioner shall continue to pay the maintenance amount of Rs.8,000/- per month by 7th of every succeeding month.

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

The miscellaneous applications, if any shall stand automatically closed.