AMIRCHETTY DEVENDER Vs. A. SRITA JANSREE

JUDGEMENT

(1.) The appellant, Shri Amirchetty Devender, has challenged the legality of the order dated 10.02.2018, whereby the learned Family Court had directed the appellant-respondent to pay monthly maintenance of Rs.30,000/- to his minor daughter, who is represented by her mother, the natural guardian, from the date of the petition i.e. 06.02.2014 and to pay the costs of litigation.

(2.) Briefly, the facts of the case are that Kum. A. Srita Janasree, the minor daughter, had filed a petition under Section 26 and Order VII Rule 1 of the Code of Civil Procedure, and Section 7 of the Family Courts Act praying that her father, the appellant, should be directed to pay the arrears of maintenance to the tune of Rs.10,08,000/- from 01.12.2010 till November, 2013 at the rate of Rs.30,000/- per month, and to grant Rs.30,000/- per month towards maintenance from the date of petition i.e. 06.02.2014. The said petition was filed by the natural mother, Ms. P.Katyayani on behalf of the minor daughter.

(3.) According to the petitioner, she was born on 27.05.2005 during the wedlock of her parents. However, as differences arose between her parents, her mother left the appellant in June, 2011. Since then, the minor daughter is staying with her mother. Furthermore, despite the fact that the appellant-father had promised to transfer certain property in favour of the mother on 12.10.2003, despite the fact that he had given an undertaking on 16.08.2010 before XIII Additional Chief Metropolitan Magistrate's Court, Hyderabad in C.C.No.411 of 2006 that he will not transfer the properties without the consent of the petitioner's mother, he has not complied with the said undertaking. Moreover, the petitioner pleaded that the appellant-father is trying to alienate certain immovable properties. Despite the fact that the petitioner is studying III Class at Gitanjali School, Begumpet, Hyderabad, in spite of the fact that she requires her fees to be paid and the amount to be paid for her accommodation and medical expenses, according to the petitioner-daughter, her father was not maintaining her. Hence, the petition filed by her.