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1990 Supreme(AP) 299

N.D.PATNAIK
Jogi Nageswaramma – Appellant
Versus
Jogi Sivarao – Respondent


N. D. PATNAIK, J.

( 1 ) THE petitioner who is the wife of respondent filed suit O. S. 143 of 1969 on the file of Principal District Munsif Court, Machilipatnam for maintenance. In that a compromise decree was passed according to which, the respondent has to pay six bags of paddy to the petitioner every year towards maintenance. The petitioner-decree-holder filed E. P. No. 219 of 1984 for realisation of the arrears of maintenance due to her by arrest of the judgment-debtor. The respondent who is the judgment-debtor raised the following objections : (1) that after the decree was passed the petitioner married one Katta Gujju during the summer of 1970 and eversince she is living is adultery with him and therefore she is not entitled to claim maintenance ; (2) the cost of the paddy bags is not properly calculated ; (3) that he has no means to pay the amount and therefore he cannot be arrested. The learned District Munsif before whom the execution petition is filed enquired into the matter. On behalf of the petitioner one witness was examined and on behalf of respondent four witnesses were examined. Basing on their evidence the learned District Munsif accepted the respondent s case that t




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