THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3058 OF 2011 ORDER:- The Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 22.06.2011, in I.A.No.385 of 2010 in F.C.O.P.No.65 of 2010 on the file of the Judge, Family Court, Kurnool, whereunder and whereby, petition filed under Section 24 of the Hindu Marriage Act, 1955 (for short, ‘the Act’) for interim maintenance was partly allowed. 2. None appeared for the respondent though served with notice. 3. The petitioner herein is the husband of the respondent herein. Petitioner herein filed O.P.No.65 of 2010 on the file of the Principal Senior Civil Judge, Kurnool under Section 13(1)a(i)(ia) and (ib) of the Act for divorce. The respondent herein filed M.C.No.7 of 2010 before the Family Court Judge-cum-IV Additional District Judge, Kurnool under Section 125 of the Code of Criminal Procedure, 1973 for maintenance. The respondent herein filed I.A.No.385 of 2010 in F.C.O.P.No.65 of 2010 for interim maintenance and the same was allowed partly. Aggrieved thereby, petitioner filed this revision petition. 4. Learned counsel for the petitioner/respondent contended that the respondent/petitioner is working as Nurse in Government Hospital and she is getting income of Rs.7,000/- per month and no opportunity was given to the petitioner to put forward his defence in the trial Court and hence, he prays to set aside the impugned order. 5. The application was filed under Section 24 of the Act for grant of interim maintenance during the pendency of F.C.O.P.No.65 of 2010. There cannot be any dispute that if the wife is not having any source of livelihood, the husband is liable to pay the maintenance but in the instant case, the wife herself is working as Nurse and she is getting salary of Rs.7,000/- per month. These aspects have not been taken into consideration by the trial Court. Therefore, one more opportunity can be given to the petitioner to put forward his defence in the trial Court. The impugned order is set aside and the matter is remanded to the trial Court and the petitioner is directed to file counter and thereafter, the trial Court shall decide the matter in accordance with law. 6. Accordingly, the Civil Revision Petition is allowed. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 18th October, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3058 OF 2011 Date:18.10.2011 AMD