HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.6019 OF 2010 DATE:8-04-2011 BETWEEN Dr.Murali Venkateswara Rao …Petitioner AND Dr.Ganga Bhavani …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.6019 OF 2010 ORDER: Petitioner-judgment debtor, who is the husband of respondent herein filed this revision against the orders passed by the Principal District Judge, Krishna, Machilipatnam in E.P.No.40 of 2006 in H.M.O.P.No.82 of 2001, dated 30.4.2007 making Rule 48 C.P.C. attachment effective from 16.4.2007 for warrant amount of Rs.97,800/-. Petitioner-husband filed above H.M.O.P. against the respondent-wife for grant of a decree of divorce by dissolving the marriage between them. The said O.P. was allowed on 28.7.2003. Along with the O.P., G.W.O.P.Nos.118 of 1998 and 134 of 2001 were also disposed of granting custody of the first boy-Vivek, aged 15 years (in 2004) to the petitioner- husband and second boy-Venkata Sri Siva Sai, aged about 11 years to the custody of respondent-wife. Since there was no provision for maintenance of the minor second son, respondent-wife filed I.A.No.269 of 2004 under Section 26 of the Hindu Marriage Act seeking a sum of Rs.50,000/- with effect from 28.7.2003 towards annual maintenance, education and other expenses until completion of the studies of the said boy. She pleaded that in O.P.65 of 1998 filed by the petitioner-husband before the Senior Civil Judge, Nuzvid, she filed I.A.No.61 of 1999 under Section 21 of the Hindu Marriage Act, for grant of interim maintenance towards educational expenses and for maintenance of the second ward-Venkata Sri Siva Sai, and that the learned Senior Civil Judge by order dated 15.10.1999 held that a sum of Rs.34,000/- was required for the maintenance and educational expenses of their second boy for every academic year and directed the husband to bear the said amount in the ratio of 1:3 and thus directed the husband to pay a sum of Rs.22,600/- to the wife towards his 2/3rd share in the expenses, annually, towards the educational and maintenance expenses of the second boy. Aggrieved by the said order, the petitioner-husband preferred a revision in C.R.P.No.5098 of 1999 which was dismissed by this Court on 19.11.2001 upholding the order made in I.A.No.61 of 1999 and directed the petitioner herein to deposit the arrears accumulated till date from December, 1999 onwards. On transfer of the said O.P. to the Court of District Judge, the same was allowed on 28.7.2003 granting decree of divorce but without making any provision for the maintenance of the minor second son of the parties. The learned District Judge allowed the petition directing to pay a sum of Rs.40,000/- annually to the respondent-wife towards maintenance and educational expenses etc., of the second son from the date of disposal of the O.P. i.e. 28.7.2003. For due recovery of the said amount, the impugned E.P. was filed. Inasmuch as the order passed in I.A.No.269 of 2004, dated 6.6.2005 has become final, the lower Court rightly ordered the E.P. by making the attachment effective from 16.4.2007. No infirmity is discernable with the impugned order passed by the lower Court. The revision fails and the same is accordingly dismissed. No order as to costs. _______________ A. GOPAL REDDY, J. APRIL 08, 2011 Tsr.