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1998 Supreme(AP) 861

B.S.RAIKOTE
KUDUPUDI LAKSHMI VEERA VENKATARATNAM – Appellant
Versus
KUDUPUDI SRI KRISHNA VARA FRASAD (J. ) – Respondent


B. S. RAIKOTE, J.

( 1 ) THIS petition is filed by the decree-holder. The decree-holder is the wife of the first respondent. She has challenged the impugned judgment and decree dated 30-9-1996 passed in E. P. No. 148 of 1992 in O. S. No. 12 of 1968 by which her execution petition was dismissed on the ground that her decree has become nullity and non-executable. The learned Counsel appearing for the petitioner contended that the relationship between the petitioner and the first respondent as husband and wife is admitted. It is also admitted that the suit filed by the wife in O. S. No. 12 of 1968 has been decreed on a compromise and according to the compromise the judgment-debtor shall take the decree-holder to his house and maintain her and if for any reason the decree-holder could not live with the judgment-debtor, the decree-holder by serving a registered notice to the judgment-debtor can claim maintenance under the decree. It is no doubt true that the wife lived with the husband after the decree in terms of the compromise but subsequently when the differences arose between them she decided to live separately. As per that compromise decree she is entitled to maintenance. The learned








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