THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CRP NO.1835 OF 2009 ORDER: This civil revision petition is filed against the order dated 22-7- 2008 passed in IA No.77 of 2008 in OP No.788 of 2007 by the Addl. Family Court, Vishakapatnam District. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. Perused the impugned order passed by the Court below. 3. The petitioner herein is the husband of the respondent and there is no dispute between the parties with regard to their relationship. The respondent herein filed the above IA, under Section 24 of the Hindu Marriage Act seeking interim maintenance at the rate of Rs.5,000/- per month, pending disposal of the OP. 4. The respondent herein stated that her husband is working as junior assistant in DEO Office, Srikakulam and getting Rs.10,000/- per month. That the petitioner obtained loan from ICICI Bank for house property standing on her name and liable to pay the monthly EMI at Rs.2,800/-. It was stated that the petitioner developed illegal intimacy with another lady and neglected her without providing food, clothing and shelter and therefore sought for maintenance. On the other hand, the petitioner-husband stated that he never deserted her and in fact the respondent without any reason and cause deserted him. That the respondent is getting Rs.2,000/- per month as rent for house standing on her name and therefore she is not entitled for maintenance. 5. The Court below having formed an opinion that the respondent- wife is entitled for maintenance granted interim maintenance at the rate of Rs.2,000/- per month from the date of filing the petition. The Court below further directed the petitioner to pay a sum of Rs.3,000/- per month towards EMI to the respondent-wife. Aggrieved by this order, the husband filed this revision petition. 6. Learned counsel for the petitioner strenuously contended that as the petitioner was getting gross salary of only Rs.8,000/- per month, the direction given to pay the amounts towards the repayment of house loan to ICICI bank is illegal and unsustainable, when the respondent-wife is also taking rent from out of that house property. On the other hand, learned counsel respondent contended that there are no merits in this revision and the same is liable to be dismissed. 7. Admittedly, the house property in question is stated to be in the name of the respondent-wife and it is stated that the respondent has let it out on rent. In the circumstances, I find some force in the contention of learned counsel for the petitioner. In the circumstances, the direction of the Court below to the extent requiring the petitioner to pay Rs.3,000/- per month towards payment of EMI to the respondent herein is set aside and remaining portion of the order is maintained. 8. With the above modification of the impugned order, the civil revision petition is allowed in part. No costs. _______________________ Ghulam Mohammed, J Dated : 16th April, 2010 Nrg./ _____________________ Ghulam Mohammed, J Dated 19-3-2010 Nrg.