IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.5491 OF 2009 Between : G.Appala Raju ... PETITIONER A N D G.Gangabhavani …RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO. 5491 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the docket order, dated 07.07.2009, in I.A.No.263 of 2009 in O.P.No.430 of 2008 on the file of Judge, Family Court, Visakhapatnam, whereunder and whereby, the application filed under Section 24 of the Hindu Marriage Act, 1955, for grant of interim maintenance, from the date of filing of the petition, was allowed. 2. Heard. 3. Learned counsel for the petitioner contended that granting of maintenance as prayed for without there being any piece of evidence is untenable; and that the petitioner was not given an opportunity for making his submissions. 4. After giving notice, I.A.No.263 of 2009 was filed on 12.05.2009. On 18.06.2009 as the Presiding Officer was on leave, the matter was posted to 02.07.2009 for counter. On 02.07.2009 there was no representation on his behalf and respondent is also called absent. Again the matter was posted to 07.07.2009. On 07.07.2009 also none appeared for the respondent and there was no representation on his behalf. Therefore, the petition was allowed granting interim maintenance from the date of filing of the petition and the respondent was directed to pay the arrears of interim maintenance on or before 04.08.2009 and to pay the monthly interim maintenance on or before 10th of every month. 5. Granting of interim maintenance pending disposal of original petition is guided by earnings of husband, besides seeing whether wife is unable to maintain herself and such other facts relevant. Petitioner is working as Assistant Technician in Defence Research Laboratories and he is drawing Rs.25,000/- per month towards his salary. The same has been uncontroverted. In spite of giving several opportunities, petitioner has not filed any counter showing his salary. It is specifically stated in the affidavit filed by respondent herein that she is unable to maintain herself. The salary certificate filed in this revision, would disclose that the petitioner is getting a gross salary of Rs.20,000/- per month. The averments in the affidavit filed in support of the petition is uncontroverted and the trial Court is rightly allowed the petition and there are no grounds to interfere with the same. 6. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C.BHANU. J NOVEMBER 11, 2010. YVL