RATHNA Vs. M P RAMACHANDRA

JUDGEMENT

(1.) THE present appeal filed under Section 19 of the Family Courts Act, 1994 (in short 'the Act') is directed against the order dated 29. 1,1994 passed by the Family Court at bangalore in OS 64/90 whereunder it has been held that the application filed by the appellant for maintenance cannot be entertained at Bangalore for want of jurisdiction.

(2.) IT is not in dispute that, the appellant and respondents were married to each other on 25. 12. 1975 at Bangalore. Unfortunately, the marriage was dissolved by a decree of divorce in MC 44/94 passed by the Civil judge,' Mysore. Since in the said divorce proceedings the appellant had not claimed any maintenance, therefore, no decree was passed to that effect.

(3.) SUBSEQUENTLY, the appellant along with her two minor daughters filed application before the Family Court at Bangalore claiming maintenance at Rs. 2,000/-p. m. from the date of institution of the suit and create a charge on the suit schedule properties with ancillary reliefs. But, the said application, so far, as it relates to the appellant, has been rejected by the impugend order for alleged lack of jurisdiction on the part of the Family court at Bangalore on the ground that, such an application for maintenance can be entertained only by the Court which has passed the decree of divorce i. e. the Civil Judge, Mysore.