Wife living with another man- No Maintenance
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
Dt:02-08-2024 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
CIVIL REVISION PETITION NO: 1264/2024
Between:
Rudra Amarnath …PETITIONER
AND
Kotakonda Lakshmi Devi …RESPONDENT
1. The petitioner has filed H.M.O.P.No.123 of 2020 before the learned Principal Senior Civil Judge, Madanapalle for dissolution of this marriage with the respondent herein. The respondent in turn had filed I.A.No.203 of 2023 in H.M.O.P.No.123 of 2020 for monthly maintenance of Rs.10,000/- per month and also a sum of Rs.15,000/- for litigation expenses.
2. This application was resisted by the petitioner contending that the respondent was living in adultery with another person and as such cannot claim any maintenance from the petitioner.
3.The Trial Court took the view that such an issue cannot be gone into in the interlocutory application and granted payment of Rs.5000/- per month for maintenance by way of an order dated 26.02.2024.
4. Aggrieved by the said order, the petitioner has approached this Court by way of the present Civil Revision Petition.
5. Sri Vivekananda Virupaksha, learned counsel for the petitioner contends that the primary issue in the interlocutory application was the question of whether the respondent was living in adultery and whether she would be entitled for any maintenance on account of this conduct. He would submit that the Trial Court could not have refused to go into this question.
6. Sri P. Sree Ramulu Naidu, learned counsel for the respondent would submit that the allegation made by the petitioner is false and that the documents produced by the petitioner such as the agreement alleged to have been signed by the respondent is a fabricated document which cannot be given credence.
7. The question before this Court is not whether the petitioner has made out a case or not. The issue before this Court is whether the Trial Court has considered such an objection and had formed a prime facie opinion, if not a final opinion, as to the veracity of such claims. In the absence of considering these claims, the Trial Court could not have passed an order of maintenance.
8. Accordingly, this Civil Revision Petition is allowed setting aside the order of the Trial Court dated 26.02.2024 in I.A.No.203 of 2023 in H.M.O.P.No.123 of 2020 and the matter is remanded back to the Trial Court for a decision in terms of this order. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
________________________
R. RAGHUNANDAN RAO, J.
BSM
