Revision petition for interim maintenance dismissed in AP HC

Its really crazy..!!  Under which section of HMA the order has been granted?  What is your wifes education and profession?

After reviewing your briefs I will answer your brief in two ways;


1. Why are you dying for a mere paper Decree i.e. will heaven fall upon you if divorce is delayed or not given to you since you are petitioning in it! I mean this is the weak spot in your case according to me. Always remember the day a wife leaves the doormat of a matrimonial home she has given divorce to you rest are mere formalities played around in 32 Squares (ever played chess, if yes then you will understand what and how a single pawn can beat the errant Queen, given a chance, offcourse?)


Absolutely.


The strategy and approach adopted by handler (you) and your advocate is totally farce is what I can make out. Remove your present advocate first of all.


Reasoning:-

1. Do understand that it is well settled that the allowance of temporary alimony is not regarded as a matter of right, but is a matter within the judicious discretion of the Court and the Court in revision jurisdiction interferes only when the discretion has been perversely exercised by the Court below. Well, in the absence of any ‘operative part’ verbatim copy here it is tricky to suggest much other than as your morale booster I can say that right from 1964 till as late as 2008 various HC’s (Allahabad / Patna / Mysore / Aurangabad) have not allowed a ‘student’ spouse to be over-burdened with pendentlite maintenance even when a couple have a child out of the wedlock. Another thing which your side did not highlight was S. 60 CPC; see what can’t be Executed can’t be awarded is the simple inference your side should have plead more than you studying MBA !


Now, before you aim your barrel on me I shall suggest that approach Hon’ble SC with facts of the non-earning status of yours and seek LC / CC appointment and or pray before SC to send the case to trail Court to look afresh.


Re.:
i. Smt. Preeti Archana Sharma. Vs. Ravindra Kumar Sharma, AIR I979. All 29
ii. N. Subramanyam Vs.. M. G. Saraswathi, AIR 1964 Mysore 38.
iii. Sadhana Devi vs Bijendra Kumar And Ors. AIR 1998 Pat 145,

PS.: Read perceptions as laid down in above catena of decisions which I can immediately throw on this forum board for rebuttals by few prudent minds here; addendum reasoning; since it is not a case where the husband is able to work, but is not working; rather it is a case where he has been studying and for doing work, he will have to leave his studies. Perception that would have been placed before the ld. Justice before Hon'ble HC was that the principles of the law does not apply in your case. 

You are bound to maintain your wife.  Against the order of the family court I think revision lies in the HIgh Court so file a revision.  One thing you said you have no job but studying MBA. How come you are maintaining ? The court will look into. Rembember it.

Dear Mr Naresh, Please furnish details about your case. Normally a student need not pay as he is not a earning member and further your revision petition is dismissed as per your mail. let me know the text of the judgment.

Dear Raja Raam sir,

Following is the order pronounced by the honorable HC judge of AP

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O r d e r:

            This C.R.P. is directed against the order dated xx.xx.2010, passed by the Family Court, in I.A. No. XXXX of 2009 in O.P. No. XXX of 2009, granting interim maintenance of Rs.5,000/- to the respondent.

Heard the learned counsel for the petitioner and perused the order under revision.

The petitioner is the husband while the respondent is his wife.  He also filed O.P. for divorce. 

The respondent filed the present application contending that the petitioner is a Software Engineer and was earning Rs.1,20,000/- per month, and as he necked her out of the house, she is entitled to maintenance and claimed Rs.25,000/- per month as interim maintenance.  The petitioner contested the application stating that presently he is jobless, that respondent is an MBA graduate and that she was working as Insurance Consultant for Bajaj Allianz Life Insurance, and was earning Rs. 40,000/- per month, and as such, she is not entitled to any maintenance. 

Though the petitioner claimed that respondent was earning Rs.40,000/- per month and the respondent claimed that the petitioner was earning Rs.1,20,000/- per month, but in the absence of any material filed by them to show that they were earning such sum. 

However, having regard to the fact that the petitioner is a Software Engineer, and that with a view to avoid payment of maintenance, he pleaded that he is not working, and considering the income which a Software Engineer would get, the Family Court felt it appropriate to grant interim maintenance of Rs.5,000/- to the respondent, and having regard to the fact that under the Hindu Law, the husband has the duty to maintain his wife and children, no exception can be taken to the order under revision passed by the Family Court, granting interim maintenance of Rs.5,000/- to the respondent. 

For the foregoing reasons, this Court find no reason whatsoever to interfere with the order under revision in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.

The C.R.P. is devoid of merit, and the same is accordingly dismissed.  No costs.

Quoting: “Though the petitioner claimed that respondent was earning Rs.40,000/- per month and the respondent claimed that the petitioner was earning Rs.1,20,000/- per month, but in the absence of any material filed by them to show that they were earning such sum.”

1. Why no termination letter from S/w company not filed at trial court?

2. Why no ‘interrogatories’ on wife’s income not filed at trial court?

In the absence of materials on record for material considerations it is rightly inferenced by Hon’ble HC to exercise its supervisory jurisdiction under Article 227 is my opinion. 

Sir,

I have submitted the proof of my MBA (regular) admission letter issued by APSCHE (andhra pradesh state higher education) and the admit card.

As this is a regular degree (9 - 4:30) and not part time degree, and shows the studentship, why the court refused to acknowledge and admit my case? If the court, would have admitted the case during the course of the case (arguments stage) more facts would have com like termination letter and other such information that court asks me to produce?

My grievance is, why the dismissal at the admission stage (of the case) itself, without hearing my side of the story. Since it has dismissed the case without perusing the full facts of the case, I have now lost the opportunity to defend myself.

I have brought before the court the fact that

(1)  She is a MBA graduate.

(2) She was working as a insurance consultant and I have the proof of her prior earning (by way of getting policies done), but the present status of her not known. It has been more than 5 years, since we are separated, so could not find out her present status.

(3) She herself left the house 5 years back, but to simply get the maintenance, she is claiming, I have necked her out. I have proof of sending a legal notice to her asking her to join me at my house and after her refusal to join with me I filed a divorce petition.

(4) The case was referred to nyaya seva sadan, after mediation efforts failed she filed for maintenance after more than 3 years of separation, for the 3 years period she was able to sustain herself, how she could have sustained herself without getting the maintenance? Why the court refused to see this fact?

On my side, I have submitted my MBA admission details, is this not enough atleast to admit the case, before deciding the merits of the case?

Please guide me is there an option now left for me or not?

What is s. 60 CPC, how is it useful for me in my scenario? Please guide me in my current situation.