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2008 Supreme(Mad) 751

P.K.MISRA, K.CHANDRU
Anantha Padmanabhan @ Balu – Appellant
Versus
Sassicala & Another – Respondent


Advocates Appeared:
For the Petitioner:Sudarsana Sundar, T. Girija, Advocates.
For the Respondents:V. Vijayashankar, Advocate.

Judgment :-

P.K. Misra, J.

The aforesaid appeal has been filed by the defendant / husband challenging the decision of the Judge, Family Court, in O.S.No.233 of 2002 (O.P.No.217 of 2001), whereunder the trial court had directed the present appellant to pay a sum of Rs.800/-as maintenance to each of the plaintiffs / respondents, who are admittedly the wife and minor son of the present appellant.

2. Such proceedings for claiming maintenance was filed under Section 18 of the Hindu Adoption and Maintenance Act by the respondents / plaintiffs claiming a sum of Rs.2000/- per month as maintenance to each of the plaintiff and further claiming a sum of Rs.1,56,000/- towards arrear maintenance from 20.6.1997 till 20.9.2001. The trial court has partly allowed such claim by directing payment of Rs.800/- as monthly maintenance to each of the plaintiff and by rejecting the claim regarding payment of arrear maintenance. The appeal has been filed by the defendant / husband. However, no cross objection has been filed by the plaintiffs / respondents.

3. The allegations in such petition claiming maintenance is to the effect that at the time of marriage, the wife was given gold ornaments weighing 25 so





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