AVULA SUBRAHMANYAM Vs. AVULA RAMA DEVI

JUDGEMENT

(1.) The 1st respondent herein had filed a suit O.S. No.67/1999 claiming maintenance from the petitioner herein. In the said suit she filed LA. No.488/99 seeking interim maintenance at the rate of Rs.2,000/- p.m. to herself and Rs.1,000/- p.m. each to 2nd and 3rd respondents herein. On hearing both the parties, the learned Judge of the Family Court at Vijayawada, was pleased to grant maintenance at Rs.1,000/- to the 1st respondent herein and Rs.600/- each to the respondents 2 and 3. Aggrieved by. the said order, the defendant in the O.S. 67/99 has filed the present Civil Revision Petition.

(2.) The petitioner herein is the husband of the first respondent and father of the respondents 2 and 3. Marriage was performed on 1-9-1983 at Vijayawada as per Hindu Dharma Shastras and the respondents 2 and 3 were born out of the wedlock and the respondent No.2 is aged about 16 years and the respondent No.3 is aged about 14 years. They were happy for about one year after the marriage and thereafter the petitioner herein started consuming alcohol and harassing the respondent No.1 and the petitioner never looked after the welfare of his wife or the children, who were suffering from rheumatic pains. The petitioner used to abuse them in filthy language having been addicted to vices and drove away the respondents from his house on 30-4-1999 and in spite of exchange of notices, there was no change in the attitude of the petitioner herein, that the respondents require a sum of Rs.2,000/- each towards their maintenance and the petitioner is working as Traction Driver, South Central Railway and earning more than Rs. 9,000/- per month.

(3.) The petitioner herein has admitted the marriage and paternity of the two children, but denied the harassment and his addiction to vices, etc. and submitted that he was affectionate towards the respondents, but his wife wanted lavish life and used to spend all his salary and that she applied for a loan of Rs.5.00 lakhs without any information to him, brought her parents who beat him and sent him away from the house and that she established a unit of paper pressed leaf plates at Door No.23-32-6, Paperaju street, Vijayawada and earning Rs.1,000/- per day and that she employed four persons in her unit and also paying rents for the house and as such she is not entitled for any maintenance, that he is only earning Rs.2,000/- per month towards his salary and prayed for dismissal of the petition.