IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.2401 OF 2010 Between: Bathula Anil Kumar. --- Petitioner. AND Smt. Bathula Laxmi and another. --- Respondents. The Court made the following: THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.2401 OF 2010 ORDER: The petitioner-husband filed F.C.O.P. No.147 of 2009 under Section 9 of the Hindu Marriage Act, 1955, for the relief of restitution of conjugal rights. The respondents i.e., wife and child were put on notice and entered their appearance before the trial Court and contesting the O.P. and as they are unable to maintain themselves and they are living separately, they filed I.A. No.130 of 2009 under Section 24 and 26 of Hindu Marriage Act, 1955, seeking interim maintenance. The trial Court i.e., the Family Court-cum-III Additional District Judge, Warangal, having considered the submissions of both the parties, directed the petitioner herein to pay an amount of Rs.5,000/- towards legal expenses and further directed the petitioner to pay an amount of Rs.900/- p.m. to the first respondent-wife and an amount of Rs.800/- p.m. to the child-second respondent. The said order dated 27-01-2010 is questioned in this Revision. This Court, while ordering notice before admission, granted interim stay of all further proceedings, which reads as under : “There shall be interim stay subject to the condition of petitioner paying an amount of Rs.500/- per month to each of the respondents i.e., total Rs.1,000/- per month, from the date of passing of the order by the Court below. He shall continue to deposit the aforesaid amount to the credit of F.C.O.P. No.147 of 2009 on the file of Judge, Family Court-cum-III Additional District Judge, Warangal, on or before 10th of every calendar month. The arrears, if any, payable to the respondents @ Rs.500/- each, shall be deposited within a period of four (4) weeks from today. On such deposit, the respondents are at liberty to withdraw the same without furnishing any security.” Despite the fact that notice is served on the first respondent-wife, she has not put in her appearance. Heard the learned counsel appearing for the petitioner-husband, Sri N. Ashok Kumar. Learned counsel for the petitioner submits that the respondents are the wife and child of the petitioner and the petitioner has a duty to maintain them. However, as the respondents are living separately, in my considered view, the petitioner has to pay certain amounts to the respondents towards interim maintenance during the pendency of F.C.O.P. No.147 of 2009. In those circumstances, instead of an amount of Rs.1,700/-, as awarded by the Court below to the respondents herein, this Court feels that an amount of Rs.1,500/- p.m. shall be paid to both the respondents on or before 10th day of every calendar month, during the pendency of F.C.O.P. No.147 of 2009. With the above modification, this revision is disposed of. No order as to costs. __________________________ GOPALA KRISHNA TAMADA, J. December, 03, 2010. DSH