1990 Supreme(AP) 16

Andhra Pradesh High Court
Judges : V.NEELADRI RAO
Yemuna Bai @ Radha Bai - Appellant
Versus
Kisha @ Kishan Rao Joshi - Respondent
Decided On : 01-24-90

When a person claiming maintenance also claims a charge, the charge does not need to be separately valued and is not considered as a separate relief.

Headnote:

Maintenance - Charge over properties - The court held that when a person claiming maintenance also claimed a charge, the same cannot be held as a separate relief. The only relief claimed is a decree for maintenance, with a charge, so it will not be separately valued.

Fact of the Case:

The suit was filed for maintenance by the wife against the husband, claiming a charge over the properties of her husband. The trial court objected that the relief of the charge had to be separately valued, leading to the filing of a revision petition.

Finding of the Court:

The court found that the relief of charge need not be separately valued, and the suit has to be registered by the trial court if it is otherwise in order.

Issues: The issue was whether the relief of charge claimed by the wife in addition to maintenance should be separately valued.

Ratio Decidendi: The court's decision was influenced by the interpretation that when a person claims maintenance along with a charge, it cannot be considered as a separate relief and does not need to be separately valued.

Final Decision: The revision petition was allowed, and the impugned order was held as illegal and set aside. No costs were awarded in this revision petition.