HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 583 OF 2009 Friday, the Eleventh day of March, Two Thousand and Eleven Between Dwarapureddy Sanyasi Rao Petitioner AND Dwarapureddy Ramanamma and others Respondents ORDER: The petitioner is husband of the first respondent and father of the respondents 2 to 4. The respondents 1 to 4 filed the suit O.S. No.28 of 2006 on the file of the Additional Senior Civil Judge (Fast Track Court) at Anakapalle for partition of the ‘A’ and ‘B’ schedule properties and also to pass a decree against the petitioner – husband to pay a sum of Rs.800/- per month to the wife and Rs.250/- each to the three children towards their maintenance and to create a charge on the share of the first defendant/petitioner herein for recovery of the said maintenance amount. Pending disposal of the said suit, the they filed IA No. 661 of 2006 for the payment of interim maintenance at the rates aforesaid, which was seriously opposed by filing a detailed counter about merits of the case. The court below by the impugned order dated 2.5.2008 passed in IA No. 661 of 2006 allowed the said application granting maintenance of Rs.800/- to the first respondent - wife and Rs.250/- per month to the respondents 2 and 3 and Rs.200/- per month to the fourth respondent from the date of filing of the petition. It is the case of the petitioner that the wife herself on her own volition has left the company of the petitioner and, therefore, she is not entitled for the maintenance. Learned counsel for the petitioner submits that in a suit for partition, wife and children are not entitled for maintenance. I am of the opinion that all these questions are to be decided in the main suit itself. As rightly observed by the court below, whether the said property is a joint family property or not and whether the children of the petitioner are entitled to a share or not, are the matters to be decided in the suit. However, it is the bounden duty of the petitioner – husband to maintain the wife and minor children, if they have no other independent source of income. It is stated that the wife and the children have no independent source of income and, therefore, the petitioner is liable to pay the meager amount sought for as maintenance towards their survival. Having gone through the order impugned and the material available on record, it cannot be said that the order suffers from any illegality or irregularity warranting interference. Consequently, the Civil Revision Petition fails and is accordingly dismissed. No order as to costs. The court below is directed to dispose of the suit itself expeditiously on priority basis. ___________________ Justice V.Eswaraiah March 11, 2011 MAS