KANDE RAJESH KUMAR Vs. P.RADHIKA

JUDGEMENT

(1.) The present revision is filed aggrieved by the orders passed in I.A.No.580 of 2022 in F.C.O.P.No.43 of 2020 dtd. 22/11/2022 on the file of the Judge, Family Court-cum-IV Additional District and Sessions Judge at Karimnagar, whereby, the court below has allowed the said application granting interim maintenance to the respondent herein @ Rs.8,000.00 from the date of filing of the petition until further orders.

(2.) I.A.No.580 of 2022 is filed by the respondent herein i.e. wife of the petitioner herein seeking monthly maintenance of Rs.20,000.00 each to herself and two kids and the main O.P is filed seeking divorce. It is stated that after filing of the O.P. by the petitioner herein seeking divorce, the respondent herein has filed transfer of that O.P and also filed a criminal cases under Sec. 498-A IPC and Sec. 4 of the Dowry Prohibition Act against the petitioner and his family members and the said cases are pending. It is submitted that no document has been filed by the respondent/wife to show that the income of the petitioner and basing on the affidavit and counter, the court below without any basis has granted an amount of Rs.8,000.00 per month.

(3.) Learned counsel for the petitioner submits that in fact, the wife is not willing to reside with the husband and voluntarily left him. It is stated that the wife who voluntarily left the husband is not entitled for any maintenance and he relied on a newspaper clipping stating that the Hon'ble Apex court has held as such. Learned counsel for the petitioner also relied on an order passed by this court in I.A.No.2 of 2022 in CRP No.2643 of 2022 relying on the orders passed by the Division Bench of this court in R. Parijatham and another v. M. Kameshwari and others 2017 (5) ALD 348 (DB) and Single Judge of this Court in CRP Nos.7304 of 2017 and 7328 of 2017 dtd. 5/2/2018, wherein, in the Division Bench judgement, it is held that whenever orders are passed in I.A., the court necessarily has to look at the documents in respect of the said I.A and without marking the documents, basing on the affidavit and counter affidavit, the court cannot pass the orders. He submits that in view of the same, the order passed by the court below is without any basis, arbitrary and illegal.