THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR APPEAL SUIT No.405 of 2007 Dated 25-11-2011 Between: Y.Murali Nageswararao. …Appellant. And: Y.Swarna Kumari and another. … Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR APPEAL SUIT No.405 of 2007 JUDGMENT: This appeal is directed against the Judgment and Decree dated 11-5-2007 passed by the Judge, Family Court-cum-4th Additional District Judge, at Vijayawada in O.S. No.2 of 2004. The appellant herein is the defendant in the original suit. The respondents herein are the plaintiffs. Parties will be referred to as they are arrayed before the Court below for the sake of convenience. 1st plaintiff is the wife and 2nd plaintiff is the daughter of the defendant. They have filed the suit praying to direct the defendant to pay Rs.1,36,000/- towards the arrears of maintenance of plaintiffs 1 and 2 @ Rs.3,000/- to both of them per month from 1.12.2003 and Rs.1,00,000/- towards the marriage expenses of the 2nd plaintiff. The marriage of the 1st plaintiff and defendant was solemnized on 7-5-1971 according to the Hindu Rights and customs. They led happy married life for some time. The defendant was working in Vijaya Milk Dairy and they are blessed with two daughters and one son also. It is alleged that the defendant is still quarrelling with the 1st plaintiff right from the beginning of their marital life. Previously he filed O.P.No.1 of 1984 on the file of the Senior Civil Judge, Gudivada seeking divorce. The said O.P. was dismissed. After disposal of the said divorce petition, again they lived together at Vijayawada for a period of six years and 1st plaintiff gave birth to a male child by name Ayyappa who is under the custody of defendant. It appears that the 1st plaintiff has also filed M.C.No.44 of 1998. The brief averments of written statement are as follows: The defendant admitted the relationship between him and the plaintiffs. According to him, the 1st plaintiff is trouble some lady from the beginning and she failed to lead happy marital life with him. He is maintaining his old aged mother and son and now he is retired and getting the pension of Rs.12,000/- per month and he received only an amount of Rs.1,60,000/- towards retirement benefits and out of the said amount, an amount of Rs.1,36,000/- is under attachment. It is also his case that he has no movable or immovable property. He is having half share in Ac.0.50 cents of land along with the 1st plaintiff at Velpur village and the said land is under the control of the 1st plaintiff. It is also his case that the 1st plaintiff is also having house property. Plaintiffs are attending agricultural works and doing milk business in the village and earning Rs.150/- per day and he is not keeping good health. The trial Court framed the following issues for trial: 1. Whether the plaintiffs are entitled to the maintenance from the defendant for the period from 1-1- 2003 to 31-12-2003 and if so, at the rate claimed by the plaintiffs or at any other rate? 2. Whether the defendant is liable to pay Rs.1,00,000/- or any other amount towards the marriage expenses of the 2nd plaintiff? 3. Whether the 1st plaintiff is entitled to future maintenance at the rate of Rs.2,000/- per month after the marriage of the 2nd plaintiff? 4. To what relief? On behalf of the plaintiffs, the 1st plaintiff herself was examined as P.W.1 and 2nd plaintiff herself was examined as P.W.2 and examined another witness as P.W.3. Defendant himself was examined as D.W.1. Learned family court having appreciated the oral and documentary evidence, had decreed the suit and denied the claim of past maintenance but however, granted maintenance of Rs.1,000/- per month each to the plaintiffs 1 and 2 and also held that 2nd plaintiff was entitled to receive an amount of Rs.1,00,000/- from the defendant towards marriage expenses. The only point that false for consideration is: Whether the amounts fixed by the lower Court are justifiable or not? Learned counsel for the defendant-appellant submits that since amount of Rs.1,36,000/- is lying with the lower court, the defendant has no objection to pay amount of Rs.1,00,000/- to the 2nd plaintiff towards her marriage expenses. His only request is to reduce the amount of maintenance granted to the plaintiffs 1 and 2 on the ground that the appellant became old and depending only on his pension. Heard on either side learned counsel. Since it is not in dispute that the appellant/defendant is only a pensioner and having no other income, I consider it just and reasonable to reduce the maintenance amount from Rs.1,000/- to Rs.750/- per month to each plaintiffs 1 and 2. The second plaintiff shall be entitled to Rs.750/- per month till the date of her marriage. In the result, the suit is decreed and the 2nd plaintiff is entitled to receive an amount of Rs.1,00,000/- with accrued interest thereon from the defendant and the defendant is entitled to receive the remaining amount if any. Similarly, plaintiffs 1 and 2 are entitled to recover arrears if any from the defendant at the rate of Rs.750/- per month from the date of the suit and second plaintiff however shall be entitled to such arrears till the date of her marriage. Since it is represented that Rs.1,36,000/- is attached, out of the said amount, an amount of Rs.1,00,000/- with accrued interest shall be paid to the 2nd plaintiff and if any remaining amount is there, the defendant is entitled to receive the same. Subject to the above modification, this appeal is disposed of. In the circumstances, there shall be no order as to costs. ____________________ B. CHANDRA KUMAR, J. Date: 25-11-2011 Dvs THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR APPEAL SUIT No.405 of 2007 Dated 25-11-2011