Bharathula Hanumayamma v. Bharathula Vyasamurthy Sastry
CMA/437/2008 · 2025-01-29
Challa Gunaranjan, Ravi Nath Tilhari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11152 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11152 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 (RNT,J & CGR,J C.M.A. NO.437 OF 2008)
APHC010127912008
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3509] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 437/2008 Between: Bharathula Hanumayamma ...APPELLANT AND Bharathula Vyasamurthy Sastry ...RESPONDENT Counsel for the Appellant:
1. NIMMAGADDA SATYANARAYANA Counsel for the Respondent:
1. T NAGARJUNA REDDY The Court made the following:
JUDGMENT:- (per Hon’ble Sri Justice Ravi Nath Tilhari)
The appellant, the wife, filed the I.A.No.619 of 2002 in O.P.No.141 of 1982 on the file of the Additional Senior Civil Judge, Ongole, seeking an enhancement of maintenance from Rs.1,000/- to Rs.5,000/- per month under Section 25(1) of Hindu
2 (RNT,J & CGR,J C.M.A. NO.437 OF 2008)
Marriage Act,1955 (in short ‘Act’) r/w Section 151 of the Code of Civil Procedure,1908, (in short ‘CPC’). The I.A., was partly allowed, enhancing maintenance of Rs.1,000/- to Rs.1,750/- per month from the date of the order. This appeal has been filed by the wife for further enhancement of the maintenance from Rs.1,750/- to Rs.5,000/- per month.
2. On 29.07.2008, it was reported that the respondent died and for steps, the matter was adjourned.
3. On 06.01.2025, the following order was passed:
“Request has been made on behalf of the learned counsel for the appellant for adjournment to obtain latest instructions.
2. Post after three (03) weeks in weekly list.”
4. Request has been made for adjournment, for which, no sufficient reason has been assigned.
5. We are not inclined to adjourn the matter.
6. The respondent has died on 29.07.2008.
7. Under Section 25(1) of the Act, an order for maintenance can be made only against the husband, if wife is the claimant and vice versa.
3 (RNT,J & CGR,J C.M.A. NO.437 OF 2008)
8. The Civil Miscellaneous Appeal is dismissed as infructuous.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.
____________________ RAVI NATH TILHARI, J
_______________________
CHALLA GUNARANJAN,J Date : 29.01.2025. RPD.
4 (RNT,J & CGR,J C.M.A. NO.437 OF 2008)
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
(DISMISSED FOR WANT OF PROSECUTION)
CIVIL MISCELLANEOUS APPEAL NO: 437 of 2008
Date: 29.01.2025
RPD