THE HONOURABLE SRI JUSTICE N.V. RAMANA AND THE HONOURABLE SRI JUSTICE K.S. APPA RAO FAMILY COURT APPEAL No. 293 of 2010 JUDGMENT: (Per Hon’ble Sri Justice N.V.Ramana) This Family Court Appeal is directed against the order dated 26.07.2010 passed in F.C.O.P. No. 93 of 2009 by the Judge, Family Court-cum-Additional District and Sessions Judge, Vizianagaram, granting an amount of Rs. 500/- each per month to respondents 1 and 2 herein, wife and daughter of the appellant respectively, towards their maintenance, from the date of petition, payable by the appellant, on or before 10th of every succeeding month, and further directing the appellant to pay the arrears of maintenance from the date of petition till the date of order, along with costs of the petition, within a month from the date of order. Learned counsel for the appellant submits that, in fact, during the pendency of the appeal, the appellant and the 1st respondent have arrived at a settlement and filed a joint memo to that effect before the Court below on 09.07.2010, under which the appellant agreed to pay half of his pension, every month, to the respondent-wife. She further submits that the appellant has also given a house to the respondents and the respondents are residing in the said house and that the appellant is getting only Rs. 1,400/- per month towards pension. But, the Court below, without considering the said facts and the terms of joint memo filed by the parties, has erroneously granted Rs.500/- each to respondents 1 and 2. She filed copy of the said joint memo filed by the parties before the Court below and some material papers regarding pension of the appellant. Learned counsel for the respondents did not dispute filing of joint memo by the appellant and the 1st respondent before the Court below and the appellant giving a house to the respondents for their living. He submitted that the respondents agreed to abide by the terms of the joint memo filed by the parties before the Court below and hence the order under appeal be modified, so as to make it consistent with the terms of the joint memo, for which the learned counsel for the appellant has also agreed to. In view of the above, the order under appeal, granting maintenance of Rs.500/- each to respondents 1 and 2, is modified to the effect that the appellant shall pay half of the pension amount being received by him, to respondents 1 and 2, every month, towards their maintenance. The appellant is also directed to pay the arrears, if any payable by him, in pursuance of the joint memo. With the above modification in the order under appeal, the appeal is disposed of. No order as to costs. ______________________ JUSTICE N.V. RAMANA ___________________ JUSTICE K.S. APPA RAO 18th February, 2011 IBL