ITEM NO.62                 Court No.6               SECTION XIIA

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS                      Petition(s) for Special Leave to Appeal (Civil) No(s).23057/2007

(From the judgement and order dated 06/10/2007 in  CMP No. 1606/2006 & CMA No. 2200/2004  of The HIGH COURT OF A.P  AT HYDERABAD)

KOTA PRATAP BABU                                     Petitioner(s)

                     VERSUS

VANKAYALAPATI RAMALAKSHMI & ANR.                     Respondent(s) (With appln(s) for permission to place addl. documents on record and prayer for interim relief ))

Date: 24/04/2009  This Petition was called on for hearing today.

CORAM :         HON'BLE MR. JUSTICE ALTAMAS KABIR         HON'BLE MR. JUSTICE B. SUDERSHAN REDDY

For Petitioner(s) Mr. G. Ramakrishna Prasad,Adv. Mr. B. Suyodhan,Adv. Mr. Amar pal,Adv. Mr. Bharat J. Joshi,Adv.

For Respondent(s) Mr. A.V. Rao,Adv. Mr. Prabhakar Parnam,Adv.

                    Mr. Venkateswara Rao Anumolu,Adv.

          UPON hearing counsel the Court made the following                                O R D E R  

Leave granted.  The appeal is disposed of in terms of the signed order.

            (Ganga Thakur)            ( Juginder Kaur )             P.S. to Registrar                Court Master

Signed order is placed on the file.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION  

CIVIL APPEAL  NO. 2809   OF 2009                 (Arising out of SLP(C) No.23057/07)

KOTA PRATAP BABU ...APPELLANT (S)

Versus

   VANKAYALAPATI RAMALAKSHMI & ANR. ..RESPONDENT (S)

O R D E R

Leave granted.

We have heard learned counsel for the parties.

By the impugned order, the Division Bench of the High Court has  

passed an interim order directing the appellant  – husband to pay an amount  

of Rs.5,000/- to  the respondent – wife from the date of the petition, namely, 8th  

September, 2006, till  October, 2007, and,  thereafter, to continue to pay the  

same every month.

On behalf of the appellant, it is submitted that at the relevant time  

when the order was passed, the appellant had produced a Certificate from the  

Institution in which he was employed, to indicate that he was receiving a total  

salary of Rs. 5,440/- and in- spite of the same, the impugned order was passed  

directing him to  pay  Rs.5,000/-  by  way of  maintenance  to  the  respondent.  

During  the  hearing  of  the  appeal,  the  appellant  has  produced  a  further  

Certificate  showing  the   present  salary  being  drawn  by  him from Vigyan  

Degree College, in which he was working as a Lecturer in the  

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English department. From the  Certificate which has been issued on 9th April,  

2009, it appears that the appellant is being paid a salary of Rs. 9910/- per  

month.

It  has  also  been pointed out  by  the respondent  that  the appellant  

owns  other  properties  and  the   income  therefrom  was  not  taken  into  

consideration.  On the other hand, on behalf of the appellant it is submitted  

that the respondent also runs a school and the income therefrom has also not  

been taken into consideration while granting  maintenance to the appellant.  

Having regard to the above, we set aside the order passed by the  

High Court and direct the High Court to consider the matter afresh in the  

light  of  the  fresh  materials  which  have  been  produced and which  may be  

produced on behalf of the respondent.

In the meantime, as an interim measure, the appellant will pay to the  

respondent-wife maintenance at the reduced rate of Rs.2500/- per month from  

the month of May, 2009.

The appeal is disposed of accordingly.

                              .....................J.                                                    ( ALTAMAS KABIR )      

     .....................J.          ( B. SUDERSHAN REDDY )

New Delhi, April 24, 2009.