SHANTHRAJA REDDY, S/O LATE M R RANGAREDDY; M S SHASHIREKHA, W/O LATE M S LOKESH, D/O SREENIVASA GOWDA Vs. M S SHASHIREKHA, W/O LATE M S LOKESH D/O SREENIVASA GOWDA; SHANTHARAJU REDDY, S/O LATE M R RANGAREDDY

JUDGEMENT

(1.) Smt. Shashirekha/Plaintiff, has filed writ petition No. 27711/2010 being aggrieved by the order dated 19.04.2010 passed on I.A. No. 2 in O.S. No. 208/2009. Sri Shanthraja Reddy/Defendant, has questioned the said order by filing writ petition No. 17284/2010. For the sake of convenience, the parties would be referred to with reference to their rank in the suit.

(2.) Plaintiff married Defendant's son Mr. Lokesh on 05.05.2002. Plaintiff's husband died on 25.01.2004, leaving behind the Petitioner and minor child Master Mourya. Plaintiff and Defendant are residing separately. Plaintiff filed suit against the Defendant to pay maintenance of Rs. 8,000.00 per month during her life time and to provide shelter for her residence in the suit schedule property by creating a charge over the same and for consequential reliefs. Defendant filed written statement and denied the claim of the Plaintiff. Plaintiff filed I.A. No. 2 under Sec. 151 of Code of Civil Procedure read with Sec. 24 of Hindu Marriage Act, to pass an order against the Defendant to pay interim maintenance at Rs. 5,000.00 p.m. till the disposal of the suit and litigation expenses of Rs. 10,000.00. Defendant filed his statement of objections. The trial court upon consideration, has allowed I.A. No. 2 in part, entitling the Plaintiff for interim maintenance of Rs. 2,000.00 per month from the date of filing of suit till its disposal and for further sum of Rs. 6,000.00 towards litigation expenses, from the Defendant. The Defendant was made liable to pay interim maintenance amount on or before 5th day of every month and to pay litigation expenses within one month from the date of the order. Both parties being dissatisfied, have questioned the said order.

(3.) Heard Sri G.S. Venkat Subba Rao, learned Counsel appearing for the Plaintiff and H.V. Harish, learned Counsel appearing for the Defendant and perused the writ petition papers.