IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED CIVIL REVISON PETITION NO : 3103 OF 2009 Between: E.V.S.R.K. Chaitanya S/o Venkata Rao ..... PETITIONER AND Eroti Devudamma W/o E. V.S.R.K. Chaitanya and one another .....RESPONDENTS ORDER: This Civil Revision Petition has been filed being aggrieved by the order passed in I.A.No. 518 of 2008 in F.C.O.P.No. 476 of 2008 dated 1.6.2009 on the file of Family Court, Visakhapatnam. F.C.O.P.NO. 476 of 2008 was filed under Order 19 Rule 1 CPC against the petitioner-husband for grant of monthly maintenance and in that I.A.No. 518 of 2008 was filed by the respondent-wife under Section 24 of the Hindu Marriage Act, to grant interim maintenance at the rate of Rs. 3,000/- per month. Brief facts of the case are that the petitioner-husband is working in Indian Army and getting Rs. 10,000/- per month towards salary and the allegation is that he necked out the respondent-wife from the matrimonial house on 22.2.2008 and failed to maintain his wife, who do not have any independent source of income to maintain. On the other hand the petitioner-husband stated that the respondent-wife herself left the matrimonial house and therefore, she is not entitled for any maintenance and she filed a case against the petitioner-husband under Section 498-A IPC. It is also stated that the petitioner-husband received injury to his spinal cord while doing army exercises and doctor advised him not to indulge in sexual acts and therefore, the respondent-wife deserted him and went away to her parents house. The court below after going through the entire material made available on record, following the judgment of the Supreme Court in SHAIL KUMARI DEVI VS. KRISHNA BHAGWAN PATHAK @ KISHNU B. PATHAK[1], granted interim maintenance at the rate of Rs. 3,000/- per month to the respondent-wife from the date of filing of the petition and the petitioner-husband was directed to pay the arrears of the interim maintenance on or before 23.6.2009 and further directed to pay the monthly interim maintenance on or before 10th of every succeeding month. Being aggrieved by the same, the petitioner-husband preferred this Civil Revision Petition. Learned counsel appearing for the petitioner-husband contended that the respondent-wife failed to file salary certificate to prove the salary received by the petitioner-husband and the learned Judge erroneously came to the conclusion that the petitioner- husband is getting salary at Rs. 10,000/- per month. On the other hand, learned counsel appearing for the respondent-wife contended that in the circumstances and conditions prevailing in the present scenario, interim maintenance of Rs.3,000/- per month including child is just and reasonable and that cannot be altered and modified. Having regard to the rival contentions, the point that arises for consideration is whether the Family Court was justified in granting interim maintenance at Rs. 3,000/- per month. It is to be noticed that when the respondent-wife filed an application for maintenance, it is the duty of the respondent-wife to obtain a copy of salary certificate from where the petitioner-husband is working so as to justify her case that the petitioner-husband is getting salary of Rs. 10,000/- per month. In the absence of any material, the Family Court granted interim maintenance of Rs. 3,000/- per month. In view of the fact that the respondent wife has not produced the salary certificate of the petitioner-husband to show that he is working in the Indian Army and is drawing a salary of Rs. 10,000/- per month, interim maintenance granted by the Family Court is modified from Rs. 3,000/- to Rs. 2,500/- and the petitioner- husband is directed to pay the same without any default to the respondent-wife. With above modification, the Civil Revision Petition is disposed of. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J Dt. 09.10.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD Copies [1] 8 CRL.L.J 3881 (SC)