MOHMED MAQSOOD ALI Vs. BABY NEHA FATHIMA BEGUM

JUDGEMENT

(1.) THIS appeal is directed against the decree and judgment dated 15 -02 -2007 passed in O.S. No. 17 of 2004 on the file of Additional Metropolitan Sessions Judge for trial of JHCBBC -cum -Additional Family Court -cum -XXIII Additional Chief Judge, Red Hills, Nampally, Hyderabad, decreeing the suit by awarding an amount of Rs. 2,500/ - per month towards maintenance to the plaintiff payable by the defendant from the date of filing of the suit i.e. 11 -02 -2004 till the marriage of the plaintiff.

(2.) THE brief facts, which are necessary for disposal of the appeal, are that the respondent -plaintiff filed the suit stating that the mother of the respondent -plaintiff viz., Rehana Begum is the legally wedded wife of the appellant -defendant and their marriage was solemnized on 25 -04 -1996 as per muslim rites and customs and they lived together in the house of the respondent -defendant for a period of three months after the marriage and thereafter, the respondent -defendant left for Kuwait in pursuance of his employment and came back to India after three years in the month of December, 1999. The respondent -plaintiff was born to her mother and the appellant -defendant during their wedlock on 25 -12 -1996. After the appellant -defendant returned to India, he and his family members started harassing the mother of the respondent -plaintiff for additional dowry, for which the mother of the plaintiff launched criminal prosecution against the appellant -defendant and thereafter, a compromise was entered into between them and that the appellant -defendant has to pay Rs. 60,000/ - to the mother of the respondent -plaintiff towards full and final settlement and Rs. 20,000/ - was paid in cash and failed to pay balance amount of Rs. 40,000/ - as agreed, as such, the plaintiff filed the suit seeking for grant of Rs. 2,500/ - per month towards her maintenance as the mother of the respondent -plaintiff is not capable to maintain her.

(3.) THE Court below, considering the rival contentions of both parties and relying on the evidence of P.W. 1, the mother of the plaintiff and Exs. A. 1 to A. 4, decreed the suit awarding an amount of Rs. 2,500/ - per month towards maintenance to the respondent -plaintiff from the date of filing of the suit i.e. 11 -02 -2004 till her marriage. Challenging the said decree and judgment, the appellant -defendant filed the present appeal.