CRP/5909/2012 of S.Sudarshana Chary, Vs Smt. S.Suvarna, on 31 December 2012

ORDER:

In this Civil Revision Petition (C.R.P) assailed order dated 23-08-2012 passed in I.A.No.204 of 2012 in O.P.No.11 of 2012 on the fileof the Court of Senior Civil Judge, Ranga Reddy District at Vikarabad.

2. The petitioner herein is the respondent in the I.A. and alsoin the O.P. whereas the respondents herein are the petitioners in theI.A. and also in the O.P. For convenience sake, I refer the parties asarrayed in the I.A.

3. The petitioners filed the O.P. under Sections 18 and 20 ofthe Hindu Adoption and Maintenance Act (for short ‘the Act’) for grantof maintenance of Rs.21,000/- per month. They also filed the I.A. togrant maintenance of Rs.15,000/- per month in all to them pendingdisposal of the O.P. The claim of the petitioners is that the respondentbeing the husband of the first of them and father of the second andthird of them neglected and deserted them without any lawful causeand having sufficient means. According to them the first of themstudies seventh class whereas the second of them studies M.A and thethird of them studies M.B.A in Rishi College at Kukatpally, Hyderabad. They got no financial assistance for their maintenance and also theeducation of second and third of them in respect of which they needRs.21,000/- per month. In the petition there is no specific plea withregards to the income of the respondent.

4. On the other hand the claim of the respondent is that theallegations made against him by and large are false. According to himthe third petitioner is studying MBA at Rishi College at Kukatpallywhereas the second petitioner is an employee in United School atVikarabad on a salary of Rs.6,000/- per month. It is also according tohim that he has been taking care of the education of the second andthird petitioners. Further he paid Rs.40,000/- to the management ofRishi college for the admission of the third petitioner for the MBA first year course on 17-02-2011. Further the third petitioner got her bankaccount with SBH, Vikarabad bearing Account No.62169606698. Hedeposited Rs.2,000/- in her account on 16-03-2011, Rs.6,000/- on 18-08-2011, Rs.3,500/- on 08-06-2011,Rs.3,000/- on 08-07-2011, Rs.1,000/- on 27-04-2011, Rs.3,500/- on14-09-2006, Rs.6,000/- on 02-11-2011 and Rs.3,000/- on 16-09-2011. Further he provided new computers to the second and third petitionersspending Rs.25,750/- on 10-09-2011. Further he paid Rs.1,000/- on 06-03-2011 to LalithaMarriage Consultancy and Rs.2,000/- to Vasista Universal Marriage on23-12-2010 in connection with the marriages of the second and thirdpetitioners. Further the first petitioner got bank account at SBH,Vikarabad bearing account No.52128203524 in which he depositedmore than Rs.25,000/- from 10-03-2010 onwards. It is admitted by himthat he used to draw Rs.30,000/- per month but it is claimed by him thathe retired from service on 30-05-2012.

5. The Court below taking into consideration the relevantcircumstances allowed the I.A. in part granting interim maintenance ofRs.3,000/- per month to each of the petitioners during the pendency ofthe O.P aggrieved by which the present C.R.P. is filed.

6. According to the respondent the amounts awarded to thepetitioners are very high and hence would not sustain. What isimportant is that even according to him he paid several amounts to thepetitioners and he gets salary of Rs.30,000/- per month. He failed toproduce any documentary evidence with regards to his income andexpenditure or cuttings. In the circumstances enumerated, it cannot besaid that the maintenance amounts awarded to the petitioners are veryhigh. At this stage the merits of the case cannot be gone into. I do notfind any merits in the C.R.P. by reason of which it is liable to bedismissed.

7. Accordingly, the Civil Revision Petition is dismissed. No costs.

8. Consequent upon the dismissal of the C.R.P.,miscellaneous petitions pending, if any, shall stand closed.

Date: 31-12-2012

YCR

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