U SREE Vs. U SRINIVAS

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the order dated 7-4-2003 passed in O.P.No.86 of 1998 on the file of Family Court, City Civil Court, Hyderabad, whereby the learned Family Court Judge dismissed the O.P. filed by the petitioner-wife under Section 18(1) and (2) (a) and (g) of the Hindu Adoptions and Maintenance Act, 1956, r/w Section 7 of the Family Courts Act, 1984 on the ground that the Family Court at Hyderabad has no jurisdiction to entertain the petition.

(2.) The appellant and the respondent are wife and husband. Their marriage was solemnized at Tirupathi on 27-5-1994. They lived together at Maruthi Nilayam, 12-A, Venkateswhara Street, Dhanalakshmi Colony, Vadapalani, Chennai. A male child was born to them on 30-3-95 out of the wedlock, some disputes arose between them, the reasons are not much relevant for the disposal of this appeal, and their marital life ran in rough weather. Since 3-1-1996 they have been residing separately. The petitioner- wife has been residing at Hyderabad and whereas the respondent-husband has been residing at Chennai. The respondent- husband has filed O.P.No.208 of 1997 on the file of Family Court at Chennai for judicial separation. Whereas the petitioner-wife filed O.P.568 of 1997 on the file of the same court i.e. Family Court at Chennai for restitution of conjugal rights. Both the applications are stated to be pending disposal on the file of Family Court at Chennai.

(3.) While so, the petitioner-wife having made up her mind to stay at Hyderabad filed O.P.No.86 of 1998 on the file of Family Court at Hyderabad claiming maintenance and separate residence. She claimed Rs.15,000/- per month against the respondent/husband towards the maintenance for self and her child. The petitioner-wife filed I.A. 141 of 1998 on the file of Family Court at Hyderabad seeking interim maintenance for self and her child. The learned Family Court Judge allowed the application and awarded Rs.5,000/- towards interim maintenance. The respondent- husband filed C.R.P.No.4045 of 1998 assailing the order passed in I .A. 141 of 1998. A Division Bench of this Court disposed of the revision directing the respondent-husband to pay a sum of Rs.2,500/- by way of demand draft in the name of the petitioner-wife. A further direction was given to the Family Court to dispose of the O.P. within three months from the date of receipt of a copy of the order either from the court or on production of the same by either parties, whichever is earlier. Subsequently, C.M.P.No.20516 of 2002 came to be filed by the respondent- husband seeking some clarification in the order passed by the Division Bench in C.R.P.No.4045 of 1998 and C.R.P.No.5143 of 2002. An order of clarification has been passed by this court whereunder the respondent-husband was permitted to deposit the entire arrears @ Rs.3,000/- per month from the date of filing the petition i.e. 18-2-1998 by giving due credit to the amounts already paid in three equal instalments.