THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2695 of 2010 Date: 09.11.2010 Between: K. Lakshminarayanappa … Petitioner and Ramanjamma … Respondent THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2695 of 2010 ORDER : Heard both sides. 2. This civil revision petition is directed against order, dated 22.4.2010, in I.A.No.12 of 2010 in O.P.No.32 of 2009 passed by the Senior Civil Judge, Hindupur, Anantapur District, whereunder and whereby an amount of Rs.3,500/- per month was granted to the respondent-wife towards interim maintenance. 3. The petitioner-husband filed a petition against the respondent- wife under Section 9 of the Hindu Marriage Act, 1955 (for brevity “the Act”) for restitution of conjugal rights. The respondent-wife filed the present application under Section 24 of the Act seeking maintenance of Rs.5,000/- per month. Considering the contentions of both sides, the trial Court granted interim maintenance of Rs.3,500/- per month to the respondent-wife. Challenging the same, the present civil revision petition is filed. 4. Learned counsel for the petitioner-husband contended that there is no neglect on the part of the husband and without there being any justifiable cause, the wife left the company of the husband and, therefore, she is not entitled for any interim maintenance. He also contended that before the Lok Adalat, when the husband was ready to take back his wife, she refused to join him and, therefore, he prays to set aside the impugned order. 5. On the other hand, learned counsel for the respondent-wife contended that as the husband was harassing the wife, she refused to live with him and considering the income of the husband, granting of interim maintenance of Rs.3,500/- per month by the trial Court cannot be shown to be unreasonable or on higher side. Therefore, he prays to dismiss the civil revision petition. 6. No doubt, the husband filed a petition for restitution of conjugal rights as the wife voluntarily left the matrimonial home. It is the case of the wife that the husband was harassing her and being unable to bear the said harassment, she has no other option except to leave the company of her husband and, therefore, she is entitled for grant of maintenance during the pendency of the petition for restitution of conjugal rights, as she has no other means to maintain herself. Whether the wife left the matrimonial home voluntarily or being unable to bear the harassment of her husband, are the matters required to be decided by the trial Court at the time of final disposal of the O.P. and the same cannot be decided in the interlocutory stage. But, the fact remains that the wife is not having any other means so as to maintain herself and she is depending on her parents only. Therefore, prima- facie, at this stage, the husband is bound to maintain his wife and that is the reason why the trial Court had rightly allowed the application filed by the wife and granted a sum of Rs.3,500/- per month towards interim maintenance and the same needs no interference by this Court. 7. For the foregoing, there are no merits in the civil revision petition and the same is liable to be dismissed. 8. Accordingly, the civil revision petition is dismissed. However, the trial Court is directed to dispose of the main petition filed by the husband for restitution of conjugal rights, as expeditiously as possible, subject to the other old and part-heard cases. No order as to costs. ________________________ JUSTICE K.C. BHANU 09.11.2010. Msr THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2695 of 2010 09.11.2010 (Msr)