The High Court · 2025

Counsel for the Respondent: SRI G RAMA MANOJA The Court made the following: ORDER THE HON'BLE JUSTICE B.R. MADHUSUDHI\ [ RAO CIVIL REVISION PETITION No.3641 of 21 23 ORDER:

1. This Civrl Rcvision Pctrtion is fited under r 'r-iclc 227 of Consli[ution ol' India assailing the order dated 25.1: 2023 passed in I.A.No.978 ol 2022 in O.P.No.696 of 2O2O by the t arncd Judge, I Addl. Famill, Court - cum - XIV Addl. Metropcl lan Sessions Judgc, Hyclcrabacl.

2. Pctitioner rs rcspondcnt and respondent is petitioner in I.A.No.978 of 2022, u,l'rrch is filecl under Section 2' cf the Hindu Marriage Act, 1955 for grant of Rs.40,0OO/- per r.] rnth towards interim mainLenance, Rs.5O,00O/- torvards legal e rpenses and Rs. I,50,OOO/ - tciu,ards rncdical expenses.

3. Learned cour-rsel lbr the petitioner submits tl'r r thc order of the learned trial Court is arbitrary, contrarJ L,l law and probabilities of the case. Responde nt-petitioner hlecl 1etition under Section 24 of the Hinclu Marriage AcL seeking interirr naintenancc, legal expense.s .- and medical expenses from tlr r petitioner- respondent. The learncd trial Court without giving rr ry finding on the earning capacit_v of the petitioner passed ord r r that, he is "-"" BRMR,.I CRP. No.3641 ot 2023 2 capablc to pay maintenance to the respondent. Petitioner is un- employee and lost his job when Carwi Consultants become defunct, where he used lo work as small time employee. In the divorce peLition liled by thc pctitioncr he stated that he has no source o[ income and lhe orcler passed by the learned trial Court granting maintcn.rncc ol Rs.20,000/ per monlh is perverse and prayed to set aside the same.

4. Learned counsel for the rcspondent submirs that the order passed by Lhe learncd trial Court is in accordauce rviLh thc contentions raiscd by the parties, no intcrference is called for.

5. Porver o[ the High Court under hrtrcle 227 of Constitution of India is supen,isory and is exercised to ensure courts and tribunals under its supervisron act within the limits of their jr-irisdiction conferred by law. This powcr is to be sparingly exercised in cascs rvhcre errors arc apparent on thc face of record, occasioning grave injustice by the court or tribunal assurrring jurisdiction u,hich it does not have, failing to exercise jurisdiction which it does have, or exercising its jurisdiction in a perverse manner (See : K.Valarmathi and Others Vs. Kumaresan - 2025 SCC Onlinc SC 985). BRIUR,J ,J I '.No.3641 of 2023 3

6. Petitioner has filed FCOP.No.696 of n2O under Section 13(1)(i-a) of Hindu Marriage Act, 1955 t: dissolve his marriage r,l,ith his rvi fc: (r'espondent herein)- During I I : pendcncv ol the saicl FCOP, respondL nt-pt'titioner has lilcd I.A.), .g7t of 2022 seeking intenm maintenance of Rs-40,0001 l)er month, Rs.50,OOO/- Lon'arcls legal expcnse s and Rs.1,50, I )0/ towards medical expenses.

7. Petitioner respondcnt has filed his countcr tr t I.A.No.978 ol 2022 but the sarne u'as relurned vide dockct rrder dated

17.O1.2023. Petitioner- responden t has nol resubmirtt I thc counter in I.A.No.978 of '2022. The leamed trial Court hir:; observcd the same in para No.3 ol its order that the resptrt lent did not resubmit the counter by the date of order (25.1O.2O2: t. a. Respondent-petitioncr counscl has filed copir )a assets and liabilities which were filcd bcfore Lhe learncd trial Ccr rt. In column No.G-Assets owned by the deponen[ (petitioner her-t i il, she stated that petitioner-responde nt is felching a rent of Rs.r1l ()00,/ and is in occupation of 3BHK ground floor portion. 9 L\ned counsel appearing for the petitionr:r submits that the learned trial Court has granted interim rr: z intcnance of ,/ BRMR,J CRP.No.3541 of 2023 4 Rs.2O,00O/- per month, which is cxorbilant and the petitroner is not having means to pay the sarne crs he is un-employee. 1O. Though the petrtioncr has liled his counler belore the lc:rrncrl trial Court, which wzrs lctrrr ncrl rvith office objccltons, hc did not take steps to resubtnit thc s:lltte.

11. The assets and liabilities lilcd by tl.re rcspondent-petitioncr goes to si'tow' that shc has montl.tlt cxpcrlscs of Rs-4O,OOO/- i.e., for housc rent, household mzrinLenatrt:e ernd medical bills, ctc., and shc do not possess al)\' propcrtv o[ her own and she is un emplovee. Though thc res pondc n t-pclitioner has claimcd an amount of Rs.4O,OOO/ pcr motrtl) Lou'ards interim maintcnance, Rs.5O,00O/- towards legal cxpenses and Rs. 1,50,0OO/- towards medical expenses, but the lcarned trial Court taking inlo c6nsidcration of the financial status o[ the parties has awardcd Rs.2O,000/- per month to\\'ar(ls irttcrim maintenance lo the respondent-petitioner. t2. The learned trial Court has purssed a reasoned order and the power of rcvision under Articlc 227 of Constitulion of lndia is limited in view of the decision statcd supra at para No.5 I ! I]IIMIT,.I C l. '] No 3(r l L or'11023

13. The petitioner has not madc out any casc t r i;-rlerft:re rvith the orders passecl bv Lhe learnerl lrial Court. Thc - iviL Revtsiot.t Petition is devoid of rncrits artri the same is liablc t: bc disnissed ancl is accorclinull', dismisseci. L4. Thc Civil Revisiort Petitior.r rs clismissed. Tht I : sliitll bc tro ordcr as to costs lnterim orclers il any shall stand vaczrtecl. r'iist ellartei.rtts Pctition/ s shall stancl closecl Sd/. C. DEEPIKA STANT REGISTRAR At'i //TRUE COPY// (\ isecrtoru oFFlcER -o",. -rn" file of Judge, I Additional Family Court CUIVI Xl\/ I dditronal ' d/i;i,;'p;ii* .6." "li #3n*? JgS 73333,," ro p u c_ 3 313 33 3 3ftlJf^i,XiliiNbJr"A'il""oiitLiopuci ' 4. Two CD CoPies GE/PR w I i I I i t ,l{ 28 -ritt;i a^.. l'- 'ir rrB 2028 Fii _-. l, .El:,!i i t/ &,., r';t{i:o T HIGH COURT DATED:18/11l2025 ORDER CRP.No.3641 of 2023 o C) Y t DISMISSING THE CRP WITHOUT COSTS I I )

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