N SREE RAMUDU Vs. N LAHARI

JUDGEMENT

(1.) The present appeal is filed by the father of the minor child Kum. N. Lahari, aggrieved by the judgment and decree made in O.S. No.12 of 2000 dated 16th day of March, 2001 on the file of Family Court, Kurnool.

(2.) Kum. N. Lahari, the minor daughter represented by her natural guardian- mother Smt. N. Saraswathi filed this suit O.S. No.12 of 2000 on the file of Family Court, Kurnool for enhancement of maintenance payable to the plaintiff by the defendant from Rs.250/- per month as directed in M.C. No.19/96 on the file of the said Court to Rs.1,500/- p.m. and for the costs of the suit under Section 25 of the Hindu Adoptions and Maintenance Act, 1956 read with 7(1 )(f) of Family Courts Act, 1984. The next friend and the guardian of the respondent-plaintiff minor daughter is the wife of the appellant-defendant. The marriage between the mother of the plaintiff and the appellant-defendant had taken place on 2.7.1988 at Kurnool as per Hindu rites and custom and thereafter misunderstandings developed between them after the birth of the present minor child and thereupon both the appellant defendant and the mother of the plaintiff instituted O.P. No.388 of 1993 on the file of Principal Subordinate Judge, Kurnool for divorce by mutual consent, but however the said O.P. was dismissed since the mother of the plaintiff was not agreeable for mutual divorce at a subsequent stage. It is stated that appellant defendant offered to take custody of minor child to maintain her as per the agreement in the said O.P., but however no steps had been taken to obtain the custody of the minor child in this regard. Appellant - defendant filed O.P. No.19 of 1995 on the file of the said Court praying for divorce and the same was dismissed on 19.7.1996 on merits. Subsequent thereto the mother of the plaintiff on her behalf and on behalf of the minor child issued a notice dated 31-7-1996 calling upon the appellant- defendant either to take them back to have marital life or to provide suitable maintenance to them. The appellant- defendant had not responded to the said notice and in such circumstances they filed M.C. No.19 of 1996 on the file of the said Court and the same was allowed granting monthly maintenance of Rs.500/- to the mother of the plaintiff and Rs.250/- to the minor plaintiff. The said order is marked as Ex.Al dated 9-1-1997. It is also not in dispute that just before filing of the suit, the mother of the plaintiff also got employment as health assistant and in view of the changed circumstances appellant-defendant moved the Court for cancellation of maintenance but however as far as the minor child is concerned appellant-defendant is continuing to pay the amount awarded in the aforesaid M.C. In such circumstances taking into consideration the growth of the minor child and the needs and necessities of the minor child the present suit was instituted for enhancement of maintenance. The appellant-defendant opposed the claim taking the stand that the mother of the plaintiff also is having equal responsibility and she is getting sufficient salary from her employment and he had also taken a specific stand that he has been always ready and willing to take custody of the child and to maintain the child and to provide education and also celebrate her marriage at the appropriate stage and in the said circumstances this claim is totally unjustified and prayed for dismissal of the suit.

(3.) The Trial Court framed only one issue: Whether the plaintiff is entitled for enhancement of monthly maintenance from Rs.250/- to Rs.1500/- from the defendant?