RAJA REDDY Vs. ANUSUYAMMA

JUDGEMENT

(1.) This appeal is directed against the judgment of Muktadar, j. dismissing the Appeal No. 282 of 1976 filed against the order of the Ist Additional Judge, City Civil Court, Hyderabad allowing E. P. 4/75 in O. S. 507/70 on the file of that Court.

(2.) The respondents herein, who are the wife and daughter of the appellants, filed that suit for recovery of maintenance and for other reliefs against the appellants and obtained a decree. The Court below awarded maintenance to the first respondent at Rs. 100.00 per month and to the 2nd respondent at Rs. 75.00 per month until she is married. The appellants also was directed to pay Rs. 5,000.00 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.

(3.) Alleging that the appellants was in possession and ownership of about 18 1/2 acres of land from which he was deriving a substantial income of nearly Rs. 3,500.00; that he was also a Head Constable earning the salary of Rs. 300.00 per month and that in spite 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 appellants. The appellants resisted the application stating that he was only getting Rs. 600.00 per year as income from the land and only Rs. 200.00 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 defendants case and found that he was getting a salary of Rs. 300.00 per month and a net income of Rs. 3,500.00 per year from the lands. As he did not pay the decretal amount or a substantial portion thereof, the Court below ordered the arrest of the appellants.