IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH C.R.P. No.2311 OF 2011 Between: Pujari Prabhakar … Petitioner and Pujari Kameswari … Respondent THE HONOURABLE SRI JUSTICE G.CHANDRAIAH C.R.P. No.2311 OF 2011 ORDER: Heard the learned counsel for the petitioner. This revision petition has been filed aggrieved by the order dated 01.04.2011 passed in I.A. No.585 of 2009 in H.M.O.P. No.34 of 2009 by the learned Senior Civil Judge, Gudur, Nellore District. The revision petitioner is the husband and the respondent is the wife. Brief facts of the case are that the petitioner/husband filed a petition for divorce against the respondent/wife on the ground of desertion. Pending consideration of the said petition, the respondent/wife filed I.A. No.585 of 2009 for grant of Rs.7,500/- towards litigation expenses and Rs.2000/- per month towards maintenance. The Court below allowed the said I.A. No.585 of 2009. Assailing the same, the petitioner/husband filed the present revision petition. The learned counsel for the petitioner/husband would submit that the petitioner is working as a Police Constable getting only an amount of Rs.15,000/- per month towards salary and his son is studying B.Tech., II year. Further, the respondent/wife has already filed O.P. No.206 of 2010 against the petitioner/husband claiming the maintenance on the file of the Family Court, Nellore and obtained ex parte order dated 25.11.2010 granting an amount of Rs.5,000/- per month. Seeking to implement the said ex parte order, she also filed E.P. No.17 of 2011. While so, the petitioner/husband filed two applications, seeking to set aside the ex parte order and pending consideration of the same, seeking to grant stay of implementation of the said ex parte order. He further submitted that the respondent/wife is earning an amount of Rs.6,000/- per month, Rs.2,200/- towards salary as honorary as she is working as Anganwadi worker and remaining amount by working in another field, thus she is earning total amount of Rs.6,000/- per month. Further, she is living with her parents, who are in the field of business. Therefore, the respondent/wife is having sufficient means to maintain herself. Hence, the application, under Section 125 of Code of Criminal Procedure, is not maintainable. As could be seen from the impugned order, the respondent/wife filed an application under Section 24 of the Hindu Marriage Act seeking direction against the petitioner/husband to pay an amount of Rs.7,500/- towards litigation expenses of the divorce petition, filed by the petitioner/husband, and an amount of Rs.2,000/- per month towards her maintenance. The Court below vide impugned order dated 01.04.2011 allowed the said application granting the said amounts. Aggrieved by the same, the petitioner/husband filed the present revision petition. The contention of the respondent/wife, before the Court below, was that she being the wife of the petitioner/husband he is liable to pay maintenance as she has no means to maintain herself and she is also entitled for litigation expenses. On the other hand, the contention of the petitioner/husband was that the respondent/wife herself deserted the petitioner/husband in the year 2004 when a criminal case was registered against her and since 2004 till 2009 the respondent/wife did not choose to file petition under Section 125 Cr.P.C. and further, she is working as an Angawadi Worker earning an amount of Rs.2,200/- per month. Therefore, the respondent/wife is not entitled for the amounts claimed by her. For the purpose of consideration, Section 24 of the Hindu Marriage Act, reads as under: “Where in any proceeding under this Act is appears to the Court that either the wife or the husband as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceedings, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the Court to be reasonable.” From a close reading of the said Section, it is clear that when the wife or husband has no sufficient independent income for his or her support and necessary expenses of the proceedings, the Court is empowered to grant the same. In the instant case, the main contention of the petitioner/husband is that the respondent/wife has sufficient means and she is earning an amount of Rs.6,000/- per month. Admittedly, the respondent/wife is working as an Anganwadi Worker and she is getting an amount of Rs.2,200/- per month only and with regard to income from other field, have no proof. Therefore, it can be considered that the respondent/wife is getting an amount of Rs.2,200/- per month only as she is working as an Anganwadi Worker, which is not at all sufficient to live, now a days. Further, in such circumstances, the said Section does not debar from granting maintenance. In that view of the matter, I do not see any reason to interfere with the impugned order and the same does not suffer from any legal infirmity and the petitioner has failed to make out any case therefore, this revision petition is liable to be dismissed. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and with the above observations, this revision petition is dismissed. There shall be no order as to costs. _________________________ JUSTICE G.CHANDRAIAH Date: 27.06.2011 LSK