THE HON’BLE SRI JUSTICE K. LAKSHMAN AND THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY F.C.A. No.85 of 2015

JUDGMENT:

(Per Hon’ble Sri Justice K.Lakshman)

Heard Mr. S.Ram Mohan Rao, learned counsel representing Mr. S.Sharath Kumar, learned counsel for the appellant and Mr. Ramanjaneyulu, learned counsel representing Mr. T.Surya Satish, learned counsel for the respondents.

2. The marriage of the appellant with respondent No.1 was performed on 20.02.1995 as per Hindu Rites and Customs. It is an arranged marriage. They were blessed with a son on 17.05.1998 i.e., respondent No.2. Thereafter, disputes arose between them. Appellant had filed an application under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 vide F.C.O.P.No.487 of 2005 against respondent No.1 seeking dissolution of marriage on the grounds of cruelty and desertion. Vide order dated 07.11.2006, learned the Judge, Family Court, Secunderabad, allowed the said O.P. and dissolved the marriage of the appellant with respondent No.1. Perusal of the record would reveal that respondent No.1 did not prefer any appeal and it has attained finality.

3. Respondents have filed a suit in O.S.No.19 of 2000 against the appellant herein under Section 26 read with Section 7 and Rules 1 and 2 of the Code of Civil Procedure, 1908 and Section 7 of the Family Courts Act, 1984 seeking maintenance. Vide order dated 15.04.2002, learned Family Court allowed the said application in-part and awarded an amount of Rs.1,200/- per month to respondent No.1 and Rs.1,000/- per month to respondent No.2 towards maintenance.

4. Respondents filed an application under Section 25 of Hindu Adoptions and Maintenance Act, 1956 vide F.C.O.P. No.46 of 2012 against the appellant seeking enhancement of maintenance awarded by the learned Family Court vide order dated 15.04.2002 in O.S.No.19 of 2000. Vide order dated 01.11.2013, learned Family Court allowed the said O.P. in-part and enhanced the maintenance of respondent No.1 to Rs.5,000/- per month and respondent No.2 to Rs.4,000/- per month, payable from the date of the said order. Learned Family Court also directed the appellant to deposit the said monthly maintenance on or before 10^th day of every month in the bank account of respondent No.1 and she has to furnish the details of the same within one week from the date of the said order. Challenging the said order, appellant-husband preferred the present appeal.

5. Vide order dated 25.03.2015, this Court granted interim suspension of the said order on condition of the appellant depositing Rs.6,000/- per month towards maintenance of respondents. This Court also granted three months time to pay the arrears and he shall continue to deposit the current maintenance amount on or before 10^th day of each calendar month.

6. Respondents filed the said O.P. seeking enhancement of maintenance contending that appellant is working as Sub-

Inspector in Central Reserve Police Force and he is earning an amount of Rs.40,000/- per month towards salary. However, appellant disproved the same. Appellant contended that after dissolution of the said marriage in compliance with the order dated 07.11.2006 in FCOP No.487 of 2005 passed by the learned Family Court, he got married and staying with his wife. His gross salary at that point of time was only Rs.37,255/- and net salary was Rs.15,772/-.

7. In proof of her claim, respondent No.1 examined herself as PW.1 and filed Ex.A1 - certified copy of judgment dated 15.04.2002 in O.S.No.19 of 2000 and Ex.A2 - bunch of school fee receipts of respondent No.2. To disprove the said claim, appellant examined himself as RW.1 and filed Ex.B1 - second marriage certificate of the appellant, Ex.B2 - birth certificate of the appellant’s daughter, Ex.B3 - divorce decree dated

07.11.2006 and Ex.B4 - salary certificate.

8. On consideration of the said evidence, both oral and documentary, vide impugned order dated 01.11.2013, learned Family Court allowed the said O.P. and awarded an amount of Rs.5,000/- pe