MANGALA GOWRAMMA Vs. C GURULINGAIAH

JUDGEMENT

(1.) This appeal is by the wife under Section 19(1) of the Family Courts Act, as she did not succeed before the I Additional Family Court, Bangalore in her effort to obtain maintenance for herself and for her son, then minor, in the suit filed by her in O.S. No. 192/2002 under Section 18 of the Hindu Adoption and Maintenance Act, which came to be dismissed in terms Judgment and decree dated 25.7.2006 passed in common along with M.C.No.495/2002 filed by the respondent - husband seeking for dissolution of marriage in terms of Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955 on the grounds of cruelty as well as desertion on the part of the wife.

(2.) While the petition filed by the husband for dissolution of the marriage came to be allowed under the common judgment, the suit for maintenance by the present appellant for herself and her minor son was dismissed. The appellant though was successful in getting over the decree for dissolution of the marriage by filing an independent appeal in M.FA No. 10350/2006 and this Court in terms of the Order dated 11.9.2009 setting aside the order passed by the Family Court, appellant had inadvertently, as in the wisdom of her learned Counsel, thought that interim application in that appeal would suffice for seeking payment of maintenance. However, when she could not get any relief regarding maintenance in the said appeal, the appellant has now come up with this appeal to get over the order passed by the trial Court and to get maintenance.

(3.) The legal profession is considered to be a noble profession and the members of this profession are addressed as learned members. Unfortunately it is no more so. The profession has neither retained the nobility nor the members are necessarily learned.