SUBBAMMA Vs. B T KRISHNAPPA

JUDGEMENT

(1.) PETITIONER-SMT. Subbamma. w/o B. T. Krishnappa has filed this petition under Article 226 of the Constitution, inter alia questioning the correctness or othenvise of the orders passed by the Principal Civil judge, Family Court, in Ex. No. 3 of 1993 insofar as rejecting the claim of the petitioner.

(2.) PETITIONER is the wife of the first respondent-Sri B. T. Krishnappa. Second respondent is first respondent's close relative. The third respondent is the first respondent's sister. Marriage of the petitioner did not last long. She claims that first respondent deserted her. She had approached the Court of the Principal Civil Judge, Bangalore, in Original suit No. 529 of 1974 for recovery of maintenance of Rs. 12,000/- and for future maintenance at Rs. 250/- per month. She had also prayed for a declaration that the alienations made in favour of the second and third defendants by sale and gift respectively by the first defendant are nominal, collusive and fraudulent and in the alternative for declaration that those alienations are ineffective and inoperative as against the right to recover maintenance claimed in the plaint schedule properties during her lifetime and also for securing portion of the properties from defendants 2 and 3. The respondents herein were defendants 1 to 3 before the trial Court. Defendants had filed their written statements and objected to the relief claimed in the suit. Based on the pleadings, the Trial Court had framed five issues for decision. They are as follows:

(3.) THE Trial Court after elaborate discussion of the pleadings, oral and documentary evidence of the parties to the Us, was pleased to decree the suit by its judgment and decree dated 23-1-1979. The order made by the Trial Court is as under: