MUNGARA MURALIKRISHNA Vs. MUNGARA SAILAJA

JUDGEMENT

(1.) This appeal is filed under Sec. 19 of the Family Courts Act, 1984 by the respondent in F.C.O.P.No.114 of 2013 on the file of the Family Court, Nellore, aggrieved by the judgment and decree dtd. 10/6/2018 passed therein. The respondents 1 and 2 herein are the petitioners before the Family Court.

(2.) Appellant is the husband and the respondents 1 and 2 are his wife and son respectively. Petition/suit was filed for grant of maintenance in terms of Sec. 18(2) (a) (b) (e) (g) and Sec. 20 (2) of Hindu Adoptions and Maintenance Act, 1956 and under Sec. 7 of the Family Courts Act, 1984, for awarding past maintenance of Rs.5000.00 per month to each of the petitioners totalling to Rs.10,000.00 per month for the period from 12/3/2010 to 11/3/2013, which comes to Rs.3,60,000.00 with interest @24% p.m., till payment is made and for directing future maintenance from the date of legal proceedings at the same rate and also for creation of the charge over the properties of the appellant. The suit/ petition was allowed directing payment of past maintenance at Rs.5000.00 per month to each petitioners, totalling to Rs.3,60,000.00 with interest at 12% p.a., from 11/3/2013 till its payment is made and also to pay regular present maintenance at Rs.3000.00 per month each to the petitioners, totalling to Rs.6000.00 per month from the date of petition, in addition to Rs.5000.00 per month already granted; and charge is also created over the petition/plaint schedule properties for due payment of maintenance.

(3.) Marriage was performed on 11/2/2007 as per Hindu rites and caste customs, followed by presentation of gold articles dowry etc. During the wed lock, the couple was blessed with a son. Interference of mother-in-law and sister-in-law of her husband and the bad habits of the husband like being alcoholic, addiction to women, extra martial life with a lady by name Prathima, and such adulterous life of her husband and persistence in such conduct has resulted gap between the wife and the husband, and any amount of advices and requests of wife and also the mediation of elders did not yield any result. However, the same were ended in husband throwing out the wife and son from the matrimonial abode. Husband is having sufficient means like properties i.e., house site plots, flat and agricultural lands mentioned in the petition schedule, whereas wife and her son are starving for daily prop and unable to maintain themselves. Hence, the proceedings in terms of 125 of Cr.P.C. vide FCOP No.13 of 2013 are initiated for maintenance. However, for maintenance on civil side including for creation of charge over the properties, present proceedings are initiated.