CHEPURI HANUMANTHA RAO Vs. CHEPURI UMA BALA, HYDERABAD

JUDGEMENT

(1.) The Revision Petitioner/Sri Chepuri Hanumantha Rao, is sole respondent in M.C.No.262 of 2008 on the file of Judge, Family Court, Ranga Reddy District at L.B.Nagar, that was maintained by his wife (Smt.Chepuri Uma Bala), the revision 1st respondent, under Sec. 125 Crimial P.C. with a claim to grant maintenance at Rs.25,000.00 per month from date of petition.

(2.) The learned Judge, Family Court, on appreciation of the material covered by petition and counter and also from the evidence of P.W.1 and Rws.1 and 2 with reference to Exhibits R1 to R41, by the impugned order dated 28.11.2015, awarded maintenance of Rs.10,000 per month from date of petition with proportionate costs, with a direction to pay all arrears due after deducting interim maintenance paid by him at Rs.2,000.00 per month from date of petition.

(3.) The contentions in the grounds of revision vis-à-vis the oral submissions of the learned counsel for the revision petitioner (for short, 'husband') are that the impugned order is contrary to law, illegal, improper, unjust and is liable to be set aside, that the maintenance case was filed on 11.07.2008, whereas his marriage performed on dated 02.12.2004, with the revision respondent (for short, 'wife') was dissolved by a decree of divorce in his favour on the ground of cruelty on 16.02012 - in O.P.No.317 of 2008, on the file of Judge, Family Court, Ranga Reddy at L.B.Nagar, that the maintenance case allowed later on 28.11.2015, from date of petition, ignoring the dissolution of the marital tie from which she is no longer wife, irrespective of a divorced wife is otherwise entitled to maintenance within the meaning of wife under Sec. 125 Crimial P.C., mainly for the fact that the husband's obligations and liabilities to maintain wife of subsisting marriage are different to his divorced wife, that wife is under obligation to live with husband but not for a divorced wife where either of them got liberty to have another spouse and question of neglect of a divorced wife thereby does not arise, that the standard of living to a subsisting wife with that of husband cannot be equated to a divorced wife, apart from divorced wife got other remedies by independent proceedings to have maintenance claim (alimony).