APHC010211032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF JULY /b/,4 TWO THOUSAND AND TWENTY FIVE y ■0 ■ i G V \\ ■ ■■ ■j/J x> y Gi V-. PRESENT THE HONOURABLE MS JUSTICE B.S.BHANUMATHI CIVIL REVISION PETITION NO: 1107 OF 2025 Petition filed under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to set aside the Order dated 30-09-2024 passed in LA. No.230 of 2024 in H.M.O.P.No.38 of 2023 on the file of Civil Judge (Senior Division), Nandikotkur, Nandyal District by dismissing the same. Between: N.Samulu, S/o.Narasimha Nagarita, aged about 36 years. Working Lecturer in Sri Chaitanya Junior College, Beside Mourya Inn, Kurnool Town, R/o.Ngatur Village, Nandikotkur Mandal, Nandyal District. as ...Revision Petitioner (Respondent/Petitioner) AND N.Swarnalatha, W/o.Swamulu, aged about 30 years. Housewife, D/o.J. Srinivasulu, R/o.Palamarri Village, Pagidyala Mandal, Nandyal District. ...Respondent (Petitioner/Respondent) y & lA NO: 1 OF 2025 that in the circumstances Petition filed under Section 151 CPC praying stated in the affidavit filed in support of the petition, the High Court may be STAY of the operation of the Order dated 30-09-2024 passed pleased to grant in I.A.No.230 of 2024 in H.M.O.P.No.38 of 2023 on the file of Civil Judge Nandikotkur, Nandyal District tiii disposal of the main CRP. (Senior Division), Counsel for the Petitioner: Sri A.Syam Sundar Reddy Counsel for the Respondent: None appeared The Court made the following: APHC010211032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Tuesday, the Twenty Nineth day of July Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S. Bhanumathi Civil Revision Petition No: 1107 of 2025 Between: ...Petitioner N. Samulu and ...Respondent N. Swarnalatha Counsel for the petitioner: I.A. Syam Sundar Reddy Counsel for the respondent: The Court made the following: 2 C.R.P.No.1107 of 2025 ORDER: This revision petition is filed under Article 227 of the Constitution of India against the order dated 30.09.2024, allowing I.A.No.230 of 2024 in H.M.O.P.No.38 of 2023 on the file of the Court of Civil Judge (Senior Division), Nandikotkur, filed by the respondent herein under Section 24 of the Hindu Marriage Act, 1955 seeking interim maintenance of Rs.50,000/- per month payable by the revision petitioner. The revision petitioner herein filed petition seeking divorce from the respondent herein. Pending the petition, I.A.No.230 of 2024 was filed stating that she is unable to bear all the expenses of the Court case and that the revision petitioner has been working as lecturer in different places and earning more than Rs.1,50,000/- per month and that she needs a minimum of Rs.50,000/- per month considering her status in the society and the legal expenses for effectively conducting the proceedings in the main petition. 02. I.A.No.230 of 2024 was filed on 20.09.2024. On 30.09.2024, the trial Court passed the order treating that the counter was nil as the counter had not been filed. No documents were filed by either party. The trial Court observed that both the parties are living separatelydue to family disputes and that the wife / petitioner claimed that she was not working and therefore, she was not able to maintain herself and bear the expenses etc., as pleaded in the petition, however, as there is no proof that the husband was earning Rs.1,50,000/- per month, but the husband is bound to provide maintenance to the wife. Therefore, the trial Court allowed the petition directing the husband to pay his wife Rs.10,000/- per month towards maintenance on or before 10 03. th 3 C.R.P.No.1107 of 2025 every month from the date of the order and Rs. 1,000/- per month towards legal expenses. Aggrieved by the order, this revision petition was filed stating that the revision petitioner has no avocation and the trial Court ordered interim maintenance without there being any proof of his income and the impugned order is onerous to him and sought to set aside the same. 04. Sri M. Chiranjeevi, learned counsel representing the learned counsel for the revision petitioner submitted that the husband had not been given any opportunity of filing counter and that the same is evident from the fact that the petition was filed on 20.09.2024, whereas the order was passed on 30.09.2024 and therefore, a reasonable opportunity may be provided to effectively defend the petition by filing counter. He further submitted that as per the direction of this Court dated 19.06.2025, husband had been paying Rs.5,000/- per month and he would continue to pay the same till the trial Court passes an order on merits. 05. 06. As can be seen from the order of the trial Court and the record, it is evident that not enough opportunity was given to the revision petitioner to file counter; moreover, there was no evidence of any kind in support of the averments of the wife. In these circumstances, this Court is of the view that the order impugned in the revision is liable to be set aside, however as the petitioner has been paying Rs.5,000/- per month, which is bare minimum for sustenance of the wife, the same can be continued till the disposal of the interim petition on merits after granting an opportunity to the revision petitioner to file a counter and contest the petition. y' 4 C.R.P.No.1107 of 2025 Accordingly, the revision petition is allowed by setting aside the impugned order dated 30.09.2024 in I.A.No.230 of 2024 in H.M.O.P.No.38 of 2023 on the file of the Court of Civil Judge (Senior Division), Nandikotkur. The trial Court is directed to give opportunity to the revision petitioner for filing counter and the revision petitioner is directed to file counter within one (1) week from the date of receipt of order of this Court, failing which, it shall be treated as nil. Thereafter, the trial Court shall dispose of the petition afresh on merits. Till such time, the revision petitioner shall continue to pay the respondent / wife Rs.5,000/- per month towards maintenance. 07. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SEenON OFFICER To, 1. The Civil Judge (Senior Division), Nandikotkur, Nandyal District. 2. One CC to Sri A.Syam Sundar Reddy, Advocate [OPUC] 3. Two CD Copies BSV vna HIGH COURT DATED:29/07/2025 ORDER CRP NO. 1107 OF 2025 I 1 AUG 2025 p rentSectiMx^'J Co' O! ALLOWING THE CIVIL REVISION PETITION WITHOUT COSTS