HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.6008 of 2009 Date: October 04, 2010 Between: Nimmagadda Shashidhar … Petitioner/ Respondent/ Respondent And Smt. Nimmagadda Kranthirmayee … Respondent/ Petitioner/ Petitioner * * * HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.6008 of 2009 ORDER: This revision is directed against the order dated 15.10.2009 made in I.A. No.733 of 2009 in F.C.O.P. No.415 of 2009 on the file of the Judge, Family Court, Hyderabad whereunder and whereby an amount of Rs.3,500/- towards interim maintenance and Rs.3,000/- towards rent for the premises in which the petitioner is residing on producing rent receipts every month, were granted to the respondent. 2. Learned counsel for the petitioner herein contended that the application is not maintainable in view of the fact that the main O.P. is not filed under Section 24 of the Hindu Marriage Act, 1956, but was filed under the Hindu Adoptions and Maintenance Act and that for the same relief another petition is also pending in the trial court and two reliefs cannot be prayed to grant interim maintenance. 3. On the other hand, the learned counsel for the respondent contended that considering the status of wife, who is admittedly residing separately, she requires certain maintenance and there is no other order passed by any competent court with regard to the interim maintenance and therefore there are no grounds to interfere with the order impugned. 4. Even assuming that Section 24 of the Hindu Marriage Act, 1955 has no application, in view of the fact that no petition under the Hindu Marriage Act, 1955 is pending before the trial court, but considering the fact that the wife and husband are residing separately, she requires some amount as she is unable to maintain herself. It is stated in the petition that husband is having Ac.6-00 of land and also he is having a commercial complex in Vijayawada wherefrom he is getting Rs.7.00 lakhs to Rs.8.00 lakhs per annum respectively. But there is no material filed before the trial court to show that he is getting more than Rs.7.00 lakhs to Rs.8.00 lakhs per annum. Even though it is contended by the learned counsel for the petitioner that the petitioner is an unemployee, as seen from the cause title he is shown to be a business man. Therefore, he must be earning not less than Rs.15,000/- to Rs.20,000/- per month. 5. Considering the status of the parties and considering the fact that the petitioner herein was having certain immovable properties including the houses wherefrom he is getting some rents, an amount of Rs.3,000/- towards interim maintenance and an amount of Rs.1,500/- towards rent for the premises in which the respondent herein is residing on producing rent receipts, every month, can be granted. So the total amount of Rs.6,500/- granted by the trial court towards interim maintenance and rent of the premises in which the respondent herein is residing is reduced to Rs.4,500/- per month (maintenance amount of Rs.3,000/- + rent of Rs.1,500/-) pending disposal of the petition. 6. The civil revision petition is accordingly disposed of. No costs. Any observations made in this order are only for the purpose of disposal of this revision. Uninfluenced by this order, the trial court shall dispose of the main petition in accordance with law. ________________ K.C. BHANU, J Date: October 04, 2010. BSB