Allowed

P.Maheswar v. P.Vinay Kumar

Telangana HC6 Jun 2013FCA/107/2013

Case brief

AI extract

What is this about?

In a Family Court Appeal against the refusal to release deposited Kisan Vikas Patras in the appellant's name, the High Court allowed the appeal. It directed the court to hand over the documents to the appellant within four weeks so he could encash them to meet maintenance obligations.

What did the court decide?

The Kisan Vikas Patras in the appellant's name deposited by the guardian must be handed over to him within four weeks for encashment to discharge maintenance obligations.

P.Maheswar Vs P.Vinay Kumar — Maintenance and Alimony | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE S.V.BHATT

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F.C.A.No.107 of 2013

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JUDGMENT: (Per LNR,J)

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The respondents are the children of the appellant. The latter filed O.P.No.206 of 2009 before the Additional Family Court, Hyderabad, through their maternal uncle, by name G.Vijay Kumar, seeking maintenance against the appellant. The trial Court passed an order dated 13.01.2011 directing the appellant to pay maintenance at the rate of Rs.4,000/- each, to the respondents. Aggrieved by that, the appellant filed F.C.A.No.83 of 2011. The appeal was partly allowed reducing the amount to Rs.3,000/- each to the respondents.

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Stating that the appellant did not pay the amount, the respondents filed E.P.No.5 of 2011. In that E.P., the appellant filed E.A.No.5 of 2011. The appellant stated that he was imprisoned on the charge of committing murder of his wife and during that time, his brother-in-law, Vijay Kumar has taken away the Kisan Vikas Patras taken out in his name for the value of Rs.11,00,000/- and six, in the name of respondents for the value of Rs.6,00,000/-. He has also stated that Vijay Kumar filed O.S.No.4485 of 2008 in the Court of XXII Junior Civil Judge, City Civil Court, Hyderabad, with a prayer to restrain him i.e., appellant from encashing the Kisan Vikas Patras and that the suit has been dismissed.

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The guardian of the respondents i.e., Vijay Kumar filed the Kisan Vikas Patras into the Family Court, to substantiate the plea that the appellant is possessed of

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adequate means. The appellant filed E.A.No.5 of 2011 in the E.P. and I.A.No.363 of 2011 in the O.P., with a prayer to release the Kisan Vikas Patras standing in his name, so that he can encash them and comply with the obligation under the E.P. The Family Court dismissed both the applications, through a common order, dated 23.08.2011. Hence, this F.C.A.

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Heard learned counsel for the appellant and learned counsel for the respondent.

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The decree passed in the O.P. became final with a slight modification to the effect that the appellant shall be under obligation to pay the maintenance at the rate of Rs.3,000/- each to the respondents. As of now, the amount has not been paid. It is asserted that the interest that has accrued upon the Kisan Vikas Patras has been adjusted towards the maintenance payable for some period.

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It is not in dispute that the Kisan Vikas Patras for the value of Rs.11,00,000/- are in the name of the appellant and they came to be deposited before the Family Court. The appellant alone is entitled to encash them. The mere fact that they came to be filed by the guardian of the respondents does not make any difference. Atleast in the context of enabling the appellant to comply with the obligation under the decree, the documents need to be handed over to him.

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Hence, the F.C.A. is allowed. The Family Court is directed to hand over the Kisan Vikas Patras standing in the name of the appellant and are deposited by the guardian of the respondents, within four (4) weeks from today. On such release, the appellant shall discharge his obligation under the decree within two weeks thereafter and he shall continue to pay the maintenance regularly.

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The Kisan Vikas Patras, that are standing in the name of the respondents shall be with the Court or they shall be released only in favour of their guardian.

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The miscellaneous petition filed in this appeal shall also stand disposed of. There shall be no order as to costs.

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______________________ L.NARASIMHA REDDY, J

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S.V.BHATT, J Date: 06.06.2013 JSU

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE S.V.BHATT

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F.C.A.No.107 of 2013

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Date: 06.06.2013

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JSU

P.Maheswar v. P.Vinay Kumar

Case brief

What is this about?

What did the court decide?

P.Maheswar v. P.Vinay Kumar

Case brief

What is this about?

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