RAJ REDDY Vs. ANASUYAMMA

JUDGEMENT

(1.) This appeal is directed against the judgment of Muktadar.J . dismissing the Appeal 282 of 1976 filed against the order of the 1st Additional Judge, City Civil Court. Hyderabad allowing E.P 4/75 in OS 507/70 on the file of that court.

(2.) The respondents herein, who are the wife and daughter of the appellant, filed that suit for recovery of maintenance and for other reliefs against the appellant and obtained a decree. The court below awarded maintenance to first respondent at Rs 100/- per month and to the 2nd respondent at Rs 75/- per month until she is married. The appellant also was directed to pay Rs 5,000/- to the first respondent for the marriage expenses of the 2nd respondent. Items 1 to 3 of the plaint second schedule were to stand charged for the payment of the decree amount. Alleging that the appellant was in possession and ownership of about 18-1/2 acres of land from which he waa deriving substantial income of nearly Rs 3,500/-; that he was also a Head Constable earning the salary of Rs 300/- per month and that inspite of the fact that he had the means to pay the decree amount, he was not doing so, the first respondent filed the execution petition, praying for the arrest of the appellant.

(3.) The appellant resisted the application stating that he was only getting Rs 600/- per year as income from the land and only Rs 200/- per month as an employee in the Excise Department and he had a father, a widowed sister and her son to maintain. Therefore it could not be said that he had means to pay the decree amount and he was wilfully evading payment. The Court below did not accept the defendant's case and found that he was getting a salary of Rs 300/- per month and not income of Rs 3,500/- per year from the lands. As he did not pay the decretal amount or a substantial portion thereof, the Court ordered the arrest of the appellant.