Telangana High Court
CRP/5176/2011 of Suggu Srinivasa Reddy Vs Smt. Suggu Sashikala on 30 December 2011
SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5176 of 2011 Dated:30.12.2011 Between: Suggu Srinivasa Reddy. …Petitioner and Smt.Suggu Sashikala, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5176 of 2011 ORDER: In the
THE HON’BLE SRI JUSTICE V.V.S.RAOCIVIL REVISION PETITION No.5176 of 2011Dated:30.12.2011
Between:
Suggu Srinivasa Reddy.
…Petitioner
and
Smt.Suggu Sashikala,And others.
…Respondents
THE HON’BLE SRI JUSTICE V.V.S.RAOCIVIL REVISION PETITION No.5176 of 2011
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ORDER:
In the Original Petition, being O.P.No.160 of 2010, filed bythe petitioner herein before the Family Court, Visakhapatnam, fordivorce, his wife and two minor children, respondent Nos.1 to 3herein, filed I.A.No.425 of 2010 under Section 24 of the HinduMarriage Act, 1955, for maintenance pendente lite. Learned Judgeordered notice, and after considering the counter of the petitioner,directed him to pay an amount of Rs.3,000/- to the first petitionerand Rs.1,500/- each to petitioner Nos.2 and 3, who are the minorsons of the petitioner. The said order dated 24.08.2011 is subjectmatter of this revision under Article 227 of the Constitution ofIndia.
The main plea of the petitioner before the Court below isthat though he is drawing about Rs.20,000/- working as a LowerDivision Clerk in Naval Dock Yard, Visakhapatnam, his take-home salary is about Rs.7,000/-, and therefore, the claim made by therespondents is exorbitant. The Court below took this intoconsideration, and so as to ensure similar status to the petitionerand his wife, thought it fit to award 30% of the salary.
Counsel for the petitioner placed before this Court the paycertificate of the petitioner for the month of August 2011. As perthe same, his total gross salary is Rs.19,390/- and the officialrecoveries stand at Rs.2,880/-, and unofficial recoveries stand atRs.8,507/-. The amount of Rs.7509/- is being recovered towardspayment to Cooperative Society. It is not clear whether thisamount is savings or repayment of loan. Be that as it is, whenadmittedly he is drawing Rs.19,390/-, award of Rs.3,000/- to thewife and Rs.1,500/- each to the two minor children cannot betreated as arbitrary.
The Civil Revision Petition is accordingly dismissed. Thereshall be no order as to costs.
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(V.V.S.RAO, J)
30.12.2011vs