Rudi Appa Rao vs Rudi Mallamma
2022 Latest Caselaw 9927 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                           MAIN CASE : S.A.No.577 of 2022
                                    PROCEEDING SHEET

Sl.      Date                                 ORDER                                OFFIC
No.                                                                                  E
                                                                                   NOTE

1.    30.12.2022
                   SRS,J
                                        I.A.No.1 of 2022

                         Dispensed with for the time being.
                                                                         ______
                                                                          SRS,J
                                       S.A.No.581 of 2022

                         Respondent in AOS No.20 of 2022 filed the present

second appeal against the judgment and decree dated 28.10.2022 in AAS No.1 of 2022 on the file of the Additional District Magistrate and Additional Agent to the Government-cum-Project Officer Integrated tribal Development Agency, Paderu, Alluru Sitaramaraju District, confirming the order dated 30.04.2022 in AOS No.20 of 2022 on the file of the Agency Sub-Ordinate Judge, Paderu.

AOS No.20 of 2022 is filed by wife seeking a direction to the respondent/husband to lookafter all her responsibilities as her husband.

The trial Court disposed the suit. Aggrieved by the same, respondent/husband preferred appeal A.A.S.No.1 of 2022 and the same was dismissed confirming the order of the trial Court. Hence, the present Second Appeal is filed by the husband.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether the trial Court followed the procedure laid down under Rules 15 and 16 mentioned by the Andhra Pradesh Agency Rules 1924 and Civil Procedure Code in recording the evidence of witnesses in the trial Court proceedings and in passing orders by the trial Court and appellate Court?

2) Whether the orders passed by the trial Court and appellate Court are in accordance with law or not?

3) Whether the alleged second wife who is the petitioner before the trial Court is entitled to receive a maintenance charges of 30% gross salary of the appellant/husband when first wife of the appellant is alive?

4) Whether the appellate Court has got power to direct the appellant to proceed appeal to the Principal Secretary to the Government Tribal Welfare Department, Government of Andhra Pradesh, Amaravathi, when Rule 48 of the Andhra Pradesh Agency Rules 1924 specifically directed that an appeal shall lie to the High Court on the grounds specified in Section 100 CPC?

______ SRS,J I.A.No.2 of 2022

Heard.

There shall be stay of all further proceedings in AAS No.1 of 2022 on the file of the Additional District Magistrate and Additional Agent to the Government-cum- Project Officer Integrated tribal Development Agency, Paderu, Alluru Sitaramaraju District, confirming the order dated 30.04.2022 in AOS No.20 of 2022 on the file of the Agency Sub-Ordinate Judge, Paderu, subject to condition of petitioner/husband shall pay 10% of gross salary to the respondent/wife pending appeal.

Issue notice to the respondent.

Learned counsel for the petitioner is permitted to take out personal notice to the respondent by registered post with acknowledgment due and file proof of service in the Registry.

List on 10.02.2023.

_______ SRS,J KA