POLAVARAPU HANUMANTHA RAO Vs. POLAVARAPU SIVA PARVATHI

JUDGEMENT

(1.) THE appellant in CMA No. 2733 of 1998 is the husband. His wife and children are petitioners in CRP No. 3140 of 1999. Both the matters are disposed of by this common judgment.

(2.) WHILE the appeal is directed against the order dated 28. 8. 1996 passed by the Court in IA No. 1926 of 1995 granting maintenance to the wife and children, the revision petition is filed against the order dated 8. 4. 1999 dismissing EP No. 39 of 1997 filed by the wife and children for arrest and detention of the husband in civil prison for non-compliance with the order in IA No. 1926 of 1995. There is no challenge to the dismissal of the OP which was passed along with the order in IA No. 1926 of 1995. Since the order in IA No. 1926 of 1995 is challenged by the husband in CMA No. 2733 of 1998, the decision in that appeal would govern the decision in the revision.

(3.) THE first respondent-wife and two children-respondents 2 and 3 filed Ia No. 1926 of 1995 in the said OP No. 132 of 1984 for grant of maintenance of Rs. 4,500.00 per month i. e. , Rs. 1,500.00 to each of the respondents under Sections 25 and 26 of the Hindu Marriage Act, 1955 (for short "the Act" ). As stated above, while the main petition for divorce was dismissed by the trial Court, the said IA No. 1926 of 1995 was allowed by granting maintenance of Rs. 800.00 per month to the first respondent - wife, and Rs. 500.00 per month to the respondent No. 2 and Rs. 300.00 per month to the respondent No. 3-daughter with effect from the date of order of the Court below i. e. , 28. 8. 1996. While passing the aforesaid order in IA No. 1926 of 1995, the learned Counsel appearing for the respondents 1 to 3 before the Court below had relied upon a decision of this Court reported in Silla Jagannadha Prasad @ Ramu v. Smt. Silla Lalitha Kumari, 1987 (1) ALT 631 = AIr 1989 AP 8, and following the said judgment, the trial Court granted the maintenance as permanent alimony. The aforesaid order, as stated above, is subject-matter of CMa No. 2733 of 1998 by the appellant-husband.