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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BATTU DEVANAND, A.HARI HARANADHA SARMA
Chittibomma Veera Venkata Raju, S/o.Late Sri Ch. Koteswara Rao – Appellant
Versus
Chittibomma Sakuntala, Ex-W/o. Chittibomma Veera Venkata Raju – Respondent
JUDGMENT :
A. Hari Haranadha Sarma, J.
Introductory:-
This is an appeal filed under Section 19 of the Family Courts Act, 1984, directed against the Judgment and Decree dated 30.06.2023 passed in FCOP No.495 of 2011 on the file of Additional Family Court, Visakhapatnam.
2. The appellant is the respondent before the Court below. The respondent herein is his wife and petitioner in FCOP No.495 of 2011. The petition was filed invoking Section 18 of the Hindu Adoptions and Maintenance Act, 1956 with a prayer to direct the respondent therein to pay monthly maintenance of Rs.25,000/- from the date of the petition and also past maintenance at the same rate, for the period from August 2008 to April 2011, amounting to Rs.8,00,000/- and also for costs etc.
3. Learned Judge, Family Court allowed the petition in part, awarding maintenance of Rs.15,000/- per month from the date of the petition, i.e., 07.04.2011 and past maintenance @ Rs.10,000/- per month from August 2008 till 06.04.2011 while permitting the payment of arrears in (10) monthly instalments, along with the regular maintenance amount. Aggrieved thereby present appeal is filed.
4. Marriage between the parties was performed on 19.11.1980 and
Point of Law : It is settled that maintenance laws have been enacted as a measure of social justice to provide recourse to dependent wife and children for their financial support; so as to prevent th....
Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
The main legal point established in the judgment is that allegations of cruelty must be proven, and the petitioner must not have condoned the cruelty before a decree of divorce can be granted on the ....
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
A divorce on grounds of desertion does not stop a divorced woman from claiming maintenance under Section 125 CrPC, thus recognizing her entitlement despite earlier payments treated as permanent alimo....
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