IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH C.R.P. No.762 of 2011 Between: Sri K.Chandrasekhar Reddy … Petitioner and Smt. Duvvuri Pratheesha and another … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH C.R.P. No.762 of 2011 ORDER: This revision petition has been filed aggrieved by the order dated 12.01.2011 passed in I.A. No.106 of 2010 in F.C.O.P. No.3 of 2010 by the Family Court, S.P.S.R.Nellore District. The revision petitioner and the 1st respondent are the husband and the wife, respectively and the 2nd respondent is their minor daughter. Brief facts of the case are that the husband filed O.P. No.529 of 2009 seeking divorce on the file of the Family Court, City Civil Courts at Hyderabad. The wife also filed F.C.O.P. No.3 of 2010 for restitution of conjugal rights on the file of the Family Court at Nellore. Subsequently, wife filed a petition seeking to transfer the O.P. No.529 of 2009, filed by the husband, and to club and try the same along with F.C.O.P. No.3 of 2010, filed by the wife. Wife also filed a criminal case in Cr.No.150 of 2009 against the husband under Section 498-A and the same is pending. While so, wife filed I.A. No.106 of 2010 in F.C.O.P. No.3 of 2010 under Section 24 of the Hindu Marriage Act seeking direction to the husband to pay Rs.10,000/- to each i.e. wife and daughter, and Rs.50,000/- towards legal expenses. The Court below by order dated 12.01.2011 partly allowed the application awarding maintenance of Rs.5,000/- per month to the wife, from the date of the application payable by the husband on or before 5th of every succeeding month towards her maintenance pendent lite and an amount of Rs.10,000/- towards legal expenses. Aggrieved by the same, husband filed the present revision petition. This Court on 07.03.2011, while issuing notice before admission passed interim suspension on condition of the husband depositing Rs.2,500/- (Rupees two thousand and five hundred only) per month towards maintenance of the wife and Rs.5,000/- (Rupees five thousand only) towards legal expenses. Thereafter, on 18.04.2011 the said order was extended on condition of the husband depositing 50% of the arrears, within a period of four weeks, from the date of the order. On such deposit, the wife and the daughter were permitted to withdraw the same, without furnishing any security and directed the husband to continue to deposit Rs.2,500/- towards monthly maintenance. The learned counsel for the revision petitioner would submit that as the revision petitioner was suffering from Lumbar Arthistin (lower back pain) he was not attending his duties regularly therefore, the Management of the Sakshi New Line Media India Private Limited has asked him to resign his job and thus he lost his job. Therefore, he is not having any source of income as he is not doing any job nor he is having any immovable property to pay the maintenance to the wife. He further submitted that apart from his maintenance he has to take care of his old aged parents, who are suffering from medical ailments and he has to spend nearly an amount of Rs.15,000/- per month towards medical expenses. Eventually, he submitted that the Court below had erred in granting interim maintenance and the legal expenses. Therefore, the same is liable to be set aside. However, it is submitted that in compliance with the interim order passed by this Court, the revision petitioner is depositing Rs.2,500/- (Rupees two thousand five hundred only) every month and he is prepared to continue to pay the same. On the other hand, the learned counsel appearing for the respondents would submit that the revision petitioner is working as an Artist and drawing an amount of Rs.25,000/- per month. Therefore, the Court below had rightly, considering the evidence on record, allowed I.A. No.106 of 2010. Therefore, no interference of this Court is required under Article 227 of the Constitution of India. Heard the learned counsel on either side and perused the material on record. It is not in dispute that the revision petitioner’s marriage was performed with the 1st respondent on 17.05.2010 and during their wedlock, they were blessed with a daughter. It is also not in dispute that the husband filed a petition for divorce and the wife filed a petition for restitution of conjugal rights and the wife also filed a case under Section 498-A, which is numbered as Cr.No.150 of 2009 and the same is pending, and the trial is yet to commence. While so, the wife filed I.A. No. 106 of 2010 seeking maintenance and legal expenses. The Court below on 12.01.2011 partly allowed the petition directing the husband to pay an amount of Rs.5,000/- per month towards maintenance and Rs.10,000/- towards legal expenses. Assailing the same, husband filed the present revision petition. The main grievance of the revision petitioner, husband, is that he was working under the Management of the Sakshi New Line Media India Private Limited but because of ill health he quit the job and now he is out of employment and he has no means to pay the maintenance as ordered by the Court below. It is also submitted that he has no landed property. On the contrary, the submission of the wife is that her husband has sufficient means to pay the maintenance and he is also having the landed property. From a perusal of the order passed by the Court below, it is noticed the whatever the grounds that have been taken before this Court have already been taken before the Court below and the Court below had considered the same in proper perspective. It is to be noted here that neither of the parties have adduced any documentary evidence to prove the income of the revision petitioner. The contention of the petitioner is that he is out of employment but from a perusal of the cause title in the revision, he mentioned his occupation as an Artist. Moreover, he is only early forties and graduate. It is also the submission of the petitioner that apart from his maintenance, he has to take care of his parents and to meet the medical expenses nearly about Rs.15,000/-. To meet the said expenses, certainly he has to be in some employment. Therefore, the submission that he is out of employment is not sustainable. However, eventually, the learned counsel for the revision petitioner submitted that in compliance with the order passed by this Court, the revision petitioner had paid the amounts and the 1st respondent, wife, had withdrawn the said amount. He further submitted that the revision petitioner is prepared to pay an amount of Rs.2,500/- per month towards maintenance for which, the learned counsel for the respondent, wife, conceded to the same. Under those circumstances, I deem it appropriate that ends of justice would be met to dispose of this revision petition with the following direction: Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, taking into consideration that incompliance with the order passed by this Court, the revision petitioner had already paid the amounts and the same were withdrawn by the 1st respondent, the revision petitioner, husband, shall continue to pay an amount of Rs.2,500/- (Rupees two thousand five hundred only) to the 1st respondent, wife, towards maintenance, on or before 5th of every succeeding month. However, it is needless to say but to clarify that the 1st respondent, wife, is entitled to an amount of Rs.2,500/- towards maintenance and Rs.5,000/- towards legal expenses, which had already been paid and withdrawn. Having regard to the facts and circumstances and at the request of both the counsel, the Court below is directed to dispose of the O.P. No.529 of 2009 and F.C.O.P. No.3 of 2010, within a period of six months, from the date of receipt of a copy of this order. However, it is made clear that the Court below shall not be influenced with the observations, if any, made in this order. With the above modification, this revision petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G.CHANDRAIAH Date: 04.07.2011 Note: Furnish C.C. in a week B/o. LSK