THE HON’BLE Ms. JUSTICE G. ROHINI Civil Revision Petition No. 4149 of 2011 DATED: 14.11.2011 Between: B.Krishnakar …Petitioner And B.Radhika …Respondents HON’BLE Ms. JUSTICE G. ROHINI Civil Revision Petition No. 4149 of 2011 O R D E R : This revision petition is directed against the order dated 28.07.2011 in I.A.No.291 of 2011 in O.P.No.455 of 2010 on the file of the Court of the Judge, Family Court, R.R. District at L.B.Nagar, Hyderabad. Revision petitioner is the husband whereas the respondent is the wife. The revision petitioner filed O.P.No.455 of 2010 for divorce on the ground of cruelty. Pending the O.P., the respondent/wife filed I.A.No.291 of 2011 under Section 20 of Hindu Adoption and Maintenance Act, 1956 for grant of interim maintenance to their minor daughter at the rate of Rs.7,000/- per month apart from Rs.25,000/- towards expenditure for the education of the minor child. The Court below allowed the said application by order dated 28.07.2011 directing the revision petitioner/husband to pay interim maintenance at the rate of Rs.3,000/- per month till the disposal of the O.P. He was also directed to pay Rs.10,000/- towards school fees, uniform and other incidental charges. Aggrieved by the same, the present revision petition is filed. It is not disputed before this Court that the respondent herein/wife is working as a Secondary Grade Teacher. It is pleaded by her in the affidavit filed in support of I.A.No.291 of 2011 that her salary is not enough to maintain herself and her minor daughter. It is also pleaded that the child is aged about four years and she has to be admitted in a school in the next academic year for which she has to incur huge expenditure towards donation and other incidental expenses for which a sum of Rs.25,000/- is required. It is also pleaded that the revision petitioner being the natural father is duty bound to maintain their minor daughter and therefore, he is liable to pay the interim maintenance at the rate of Rs.7,000/- per month. It is further pleaded that the revision petitioner is having a residential building at Badungpet village, where he is residing and the adjacent portions in the premises are rented out and the respondent and his mother are receiving rents more than Rs.10,000/- per month. That apart, the respondent being an employee is capable of paying the interim maintenance and the expenditure for the education of the minor child as claimed in the petition. Though the plea that the revision petitioner/husband is having a residential building and receiving rents has not been denied in his counter, it is stated that he lost his job and there is no source of income. The Court below allowed I.A.No.291 of 2011 observing that though the respondent herein/wife is drawing salary, still it is the responsibility of the revision petitioner/husband to pay maintenance to his daughter. The learned counsel for the revision petitioner vehemently contended that as the petitioner is without any employment and has no source of income, the Court below erred in directing him to pay the interim maintenance as well as the expenditure towards the education of the daughter. On the other hand, the learned counsel for the respondent contended that the plea of the revision petitioner that he is out of employment and has no source of income is absolutely false and the Court below has rightly disbelieved the same. This is a case where the marriage between the revision petitioner and the respondent is not in dispute. Admittedly, the minor child borne out of the wedlock is in the custody of the respondent/wife. Therefore, the revision petitioner/husband being the natural father of the minor daughter is bound to maintain her. It is true that the respondent/wife is working as Secondary Grade Teacher and drawing salary. However, her specific case is that her income is not enough to maintain the minor daughter particularly to take care of her educational needs. Though it is pleaded by the revision petitioner/husband that he is an un-employee and has no source of income, in his applications namely I.A.No.2870 of 2010 filed on 18.11.2010 for interim custody of the minor daughter, I.A.No.622 of 2011 filed in February, 2011 for advancing I.A.No.2870 of 2010 and I.A.No.879 of 2011 filed on 29.03.2011 for amendment of O.P.No.455 of 2010 he himself had admitted that he is an employee. Admittedly, the application for interim maintenance was filed in January, 2011. Thus, it is clear that as on the date of the application, the revision petitioner/husband was in employment. At any rate, the specific plea that he is receiving rents from the residential building which was let out has not been denied by him. In the circumstances, the Court below cannot be held to have committed any error in holding that the revision petitioner/husband is liable to maintain the minor child. As held by a Full Bench of this Court in P.Srinivasa Rao v. P.Indira and another[1], the Court has inherent power and jurisdiction to grant interim maintenance where circumstances so warrant. However, admittedly, the child is aged about 4-5 years only. Keeping in view the reasonable wants of the child aged about 4-5 years, the interim maintenance granted by the Court below at the rate of Rs.3,000/- per month appears to be on higher side. Moreover, respondent/wife is also working as a Secondary Grade Teacher and having regular income. In the circumstances, I deem it appropriate to reduce the interim maintenance granted by the Court below from Rs.3,000/- to Rs.2,000/- per month. So far as the lumpsum amount of Rs.10,000/- awarded by the Court below towards educational expenses of the minor child is concerned, the same does not warrant any interference. Accordingly, the Civil Revision Petition is disposed of and the order under revision is hereby modified directing the revision petitioner to pay interim maintenance to the minor daughter at the rate of Rs.2,000/- per month till the disposal of O.P. apart from Rs.10,000/- towards her educational expenditure. No costs. ______________ G. ROHINI, J Date: 14.11.2011 Note: Issue C.C. in three days. B/o KLP [1] 2002 (1) ALT 677 (F.B.)