THADISINA CHINNA BABU RAO Vs. THADISINA SARALA KUMARI

JUDGEMENT

(1.) This revision is directed against order dated 6.11.2008 in IA No.178 of 2008 in OS No.47 of 2004 on the file of the Court of the Judge, Family Court, Visakhapatnam.

(2.) The respondent herein, who is the daughter of the petitioner herein, filed the suit under Section 7 of the Family Courts Act, 1984 ('the Act' for brevity), seeking maintenance etc., from the petitioner. The petitioner/defendant filed IA No.178 of 2008 seeking to frame a preliminary issue as to the maintainability of the suit for maintenance by the Christian daughter - the respondent/ plaintiff, without there being any enactment empowering her to do so.

(3.) The case of the petitioner/defendant before the Court below was that he is a heart patient; that though the respondent/ plaintiff is earning, she filed the present suit - OS No.47 of 2004 against him falsely with a view to harass him while another suit - OS No.67 of 2007 filed by her is pending; that she being the Christian daughter, no enactment entitles her to claim maintenance, and therefore, the present suit is not maintainable.