JUDGMENT :

A. Hari Haranadha Sarma, J.

This appeal is filed under Section 19 of the Family Courts Act, 1984 by the respondent in F.C.O.P.No.114 of 2013 on the file of the Family Court, Nellore, aggrieved by the judgment and decree dated 10.06.2018 passed therein. The respondents 1 and 2 herein are the petitioners before the Family Court.

2. Appellant is the husband and the respondents 1 and 2 are his wife and son respectively. Petition/suit was filed for grant of maintenance in terms of Section 18(2) (a) (b) (e) (g) and Section 20 (2) of Hindu Adoptions and Maintenance Act, 1956 and under Section 7 of the Family Courts Act, 1984, for awarding past maintenance of Rs.5000/- per month to each of the petitioners totalling to Rs.10,000/- per month for the period from 12.03.2010 to 11.3.2013, which comes to Rs.3,60,000/- with interest @24% p.m., till payment is made and for directing future maintenance from the date of legal proceedings at the same rate and also for creation of the charge over the properties of the appellant. The suit/ petition was allowed directing payment of past maintenance at Rs.5000/- per month to each petitioners, totalling to Rs.3,60,000/- with interest at 12% p.a., from 11.3.2013 till its payment is made and also to pay regular present maintenance at Rs.3000/- per month each to the petitioners, totalling to Rs.6000/- per month from the date of petition, in addition to Rs.5000/- per month already granted; and charge is also created over the petition/plaint schedule properties for due payment of maintenance.

Case of the petitioners/wife and son in FCOP No.114 of 2013:-

3. Marriage was performed on 11.2.2007 as per Hindu rites and caste customs, followed by presentation of gold articles dowry etc. During the wed lock, the couple was blessed with a son. Interference of mother-in-law and sister-in-law of her husband and the bad habits of the husband like being alcoholic, addiction to women, extra martial life with a lady by name Prathima, and such adulterous life of her husband and persistence in such conduct has resulted gap between the wife and the husband, and any amount of advices and requests of wife and also the mediation of elders did not yield any result. However, the same were ended in husband throwing out the wife and son from the matrimonial abode. Husband is having sufficient means like properties i.e., house site plots, flat and agricultural lands mentioned in the petition schedule, whereas wife and her son are starving for daily prop and unable to maintain themselves. Hence, the proceedings in terms of 125 of Cr.P.C. vide FCOP No.13 of 2013 are initiated for maintenance. However, for maintenance on civil side including for creation of charge over the properties, present proceedings are initiated.

Case of the respondent /husband in brief :-

4. [i] The respondent did not deny the relationship.

[ii] His wife insisted to put up a separate family leaving his widowed mother to her fate, with no one to take care of her. His request for taking care  of his mother was not obliged by the 1st petitioner/wife. She has always been insisting to set up separate family and used to go to her parents’ house. He lost his father at about 15years of his age, his mother brought up him with great hardship. He could not set up separate family, leaving his mother, who is a chronic patient of hypertension, gastric problem, gynic problems and who had already undergone surgery to kidneys.

[iii] The allegations contra are invented for the purpose of litigation. Mother of his wife used to frequently poison the mind of his wife and the 1st petitioner/wife used to threat that she would commit suicide. Once, she has also attempted to commit suicide by taking some tablets. She went for delivery in the 8th month of pregnancy against the advice of elders. He was not even informed about the delivery and when their son was 5 months old, she came to matrimonial home and renewed her harassment to setting up separate family and she has even went to