An NRI wins an interim maintenance case.pdf

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  • 7/27/2019 An NRI wins an interim maintenance case.pdf

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    IN THE COURT OF THE JUDGE FAMILY .COURT: HYDERABAD, A.P.

    DATED:Monday, the 24th day of March, 2008.

    Present: Sri B.RAPHAKRISHNAIAH;B.A., B.L.,

    Judge, Family, Court, Hyderabad.

    I.A.NO.1092 OF 2007

    iNO.P~No.292 of 2007

    M. Kavltha, W/o. C.Hari Kishan Reddy,

    Agedabout 31.years, Occ:.Sof~~f:lre (~()nsultant,

    R/o.H.No.3-4-355, Flat No.303, Ganesh Towers,

    Ungampally, Hyderabad.,

    Petitioner.

    C.,Harikishan Reddy, f,/o .. C:;lVenk~t.Reddy,Age 36 years, Occ: Software Consultant,

    R/o.Plot No.61, Sriramnagf:lr,Karm~nghat,Hyderabad. .

    This petition is coming on this day i.e., 24.3.2008 before me for final

    hearing in the presence of both parties, this Court delivered thefollowing:

    bearing Plot No.61, Sriram Nag~r,Karmcmghat,.Hydera~adand heJs getting

    rents and he got profits from all other businesses to the tune of Rs.1 lakh

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    arrival of petitioner and respondent to Hyderabad"from'U.S:A,'respondent

    has remitted about Rs.16 lakhs'to his parents'la ndheis also having vast

    > . , . .

    Rs.30,OOOI-per month as interimmaintenance:

    petitioner is having resiqential/,flaf,bearingN0.402, Hi line Apartment,

    Ungampally, Kachiguda, Hyderabadand petitioner is deriving rent from the

    said flat. The residential house isin the nameof respondent's father and it

    is his self acquired property.. Respondent's fa m ity H ( having 30 acres of

    land in Mahaboobnagar District, which isancesfralproperfy and

    respondent is only a joint owner. Due to scarcity of water, no agricultural

    activity is going on in the saicfland. PetitioQerisaqualifiecfsoftware

    consultant and according to her she worked as computer programrner in >

    U.S.A and earne

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    and resident of H.No.3-4-355,Flat NO.303,Ganesh towers, Lingampally,

    Hyderabad. In her affidavit,shf).didnot state whether she is taking shelter

    in the house of her parents,which is the residential addressgiven by her or

    she is living alone, it so in wbat capacity, whether the said flat No.303,

    Ganesh Towers, LingampallY,J-Iyderabad is her own flat or if she is

    residing in the said house as..aJenant and What is the rent she is paying.

    She did not disclose whatJ?the income. she..is deriving as software

    consultant as described by her in her affidavit. It is not her case that the

    respondent is also engaged in employment in India. Excepther statement

    not entitled to any interim maintenance and this petition is liable to be

    dismissed. The point is answeredaccordi~" .;;'".

    IN THE RESULT,this petitj'6:ri:;idr~~S:d holding that as

    petitioner is Software Consultant and as,~ ~~wrce of income,vvhich

    is not disclosed to the Court, she ~ ! , ; . '.p..2!,.~~ntitl~clto any inte~im

    maintenanceDictatedto Personal Assistant, transcribed by him, correct~dand pronounced by me in the open Court on this the 24th day of Marcp,2008. ".'if' / I ' , . ~ ' . ' "!3 t l f l " - t-li.l.."'-. .. ,, ,,-, ../'l

    JUDGE ....'IV ,FAMILY COURT: HYDERABA,g

    .~ 1ii1{lll':

    .'. :'1'jiIi''''

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    APPJ;~Dli5,OFE"'I[)E",9EWITNESSES.EXAMINED

    : EXHIBITS MARKEOJ=ORTAEPET1TIONER:

    Ex.P1 : Xerox copy of pass port 'Ofpet i t iOnet .Ex.P2.:Xerox copyofp"ss port ..qf;rJ1~pondent..Ex.P3: Xerox copy of Biodata oftespondent.

    : EXHIBITS MARKED FOR THE RESPONDENT:Nil

    8 # 2 1 /JUD~E

    FAMILY COURT: H Y D E RA BA D