THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.625 OF 2010 DATED: 01-02-2011 Between: Seetha Sankla. .... PETITIONER And Satya Prakash Sankla. .... RESPONDENT ORDER: This Civil Revision Petition is directed against the order, dated 29.06.2009, in I.A.No.492 of 2009 in O.P.No.1129 of 2008 on the file of the learned Judge, Family Court, Hyderabad, wherein the said application filed by the 1st respondent, seeking interim maintenance and legal expenses under Section 24 of the Hindu Marriage Act, 1955 (for brevity, ‘the Act’), was allowed granting interim maintenance of Rs.10,000/- per month and legal expenses in a sum of Rs.3,000/-. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. Perused the records. 3. Petitioner herein filed O.P.No.1129 of 2008 against the respondent for divorce under Section 13 (1) (i) (a) of the Act and also for permanent custody of the minors under Section 26 of the Act. Respondent herein filed a counter contesting the O.P. It is stated that the enquiry in the O.P. is at the threshold stage of cross-examination of P.W.1. 4. Respondent–wife filed I.A.No.492 of 2009 under Section 24 of the Act, claiming interim maintenance of Rs.50,000/- per month and also a sum of Rs.1,00,000/- towards legal expenses. According to her, petitioner is running a hotel by name ‘Santosh Dhaba’ in partnership with others and is also having a residential building, whereas the respondent is staying with her parents without any income or assets of her own. Petitioner, on the other hand, contends that on account of the matrimonial litigation, requiring his frequent appearance before the Court, his business was closed with effect from 31.03.2010 and to that effect, he filed notice of cancellation of VAT registration, issued by the Commercial Tax Officer. He would further contend that even while running the business he was getting income of only Rs.24,000/- per month and both the children are being maintained by him and he is able to save only Rs.4,000/- to Rs.5,000/- per month. He further denied that he is having any income fetching immovable properties. The learned Family Judge directed the petitioner to pay monthly maintenance of Rs.10,000/- with effect from 18.03.2009 and also future maintenance at the same rate to be paid on or before 10th of every succeeding month pending disposal of the O.P. and also directed him to pay Rs.3,000/- towards legal expenses. Aggrieved by the same, petitioner-husband filed the present Civil Revision Petition, seeking deduction of the amount of maintenance. 5. This Court by interim order, dated 26.02.2010, directed the petitioner to deposit 50% of the arrears within a period of six weeks and also to pay a sum of Rs.5,000/- per month on or before 10th of every succeeding month. 6. Learned counsel for the respondent states that since two months the interim maintenance, as per interim order, is not being paid. However, learned counsel for the petitioner would submit that post-dated cheques have been issued for the amount of interim maintenance till the month of April, 2011. 7. Be that as it may, having regard to the fact that the enquiry in the main O.P. has already commenced, it is considered neither just nor proper to go into the merits of the case, regarding the assets and liabilities of both parties as the learned Judge, Family Court will have to consider the same during the course of enquiry in the main O.P. Suffice for the present to state that, having regard to the social status of the parties and the basic requirements of life and the ever-increasing cost of living, it is only just and proper that the petitioner shall pay a sum of Rs.6,000/- per month to the respondent–wife before 10th of every succeeding month till the disposal of the main O.P., commencing from the month of January, 2011 payable by 10th of February, 2011. 8. Accordingly, Civil Revision Petition is disposed of. Interim Stay granted on 26-02-2010 shall stand vacated. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 01st February, 2011. Tsy/Ksp