THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.3469 of 2009 Date: 07.08.2009 Between: Chitti Bhupendra ….Petitioner Smt.Chitturi Krishna Kumari ….Respondent Counsel for the petitioner: Mr.K.Subramanyam Counsel for the Respondent: N.A. THE COURT MADE THE FOLLOWING: ORDER: The petitioner/husband filed this Civil Revision Petition under Article 227 of the Constitution of India questioning the order, dated 19.06.2009, passed by the Senior Civil Judge, Kothapeta, East Godavari District in allowing I.A.No.794 of 2008 in O.P.No.25 of 2008, awarding Rs.1,000/- per month towards interim maintenance and Rs.2,000/- towards legal expenses to prosecute the O.P. The respondent/wife filed the above O.P seeking a decree of nullity of her marriage with the petitioner/husband, which was performed on 25.12.2004, and alternatively a decree of divorce. During the pendency of the above O.P, she filed the present I.A claiming interim maintenance of Rs.5,000/- per month and also Rs.5,000/- towards legal expenses to prosecute the said O.P. The petitioner/husband filed a counter opposing the claim contending that the respondent/wife herself is avoiding to live with him for the reasons known to her; that his wife is working as a Warden in Sasi Residential School, Velivennu and getting a salary of Rs.10,000/- per month in addition to free boarding and lodging in the said school; and that she is also having Acs.2.00 of land in Kotipalli Village worth Rs.2,00,000/- per acre and getting an annual income of Rs.50,000/- from out of the produce of coconut trees and paddy crop thereon, and therefore, she is not entitled to any interim maintenance. The Court below observed that there is no dispute with regard to the marriage between the parties. Further, Ex.C.1 filed by the respondent/wife reveals that she is not working in the said school and Ex.R.3-registered gift deed reveals that the mother of the respondent/wife had gifted Acs.1.20 cents of land situated in R.S.No.165/4 of Kotipalli Village to the respondent. As the petitioner/husband failed to establish that the respondent/wife is working as a Warden in Sasi Residential School and getting salary of Rs.10,000/- per month and as there is no evidence that the wife is getting Rs.50,000/- per annum from agriculture, the Court below awarded interim maintenance to the respondent/wife at the rate of Rs.1,000/- per month and Rs.2,000/- towards legal expenses. Since the petitioner/husband failed to establish that the respondent/wife is not entitled to interim maintenance, the impugned order does not suffer from any illegality warranting interference by this Court. The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. _____________________ A. GOPAL REDDY, J Date: 07.08.2009 va