SAKKUBAI Vs. JAGADISHCHANDRA

JUDGEMENT

(1.) Heard learned counsels Sri Sachin M. Mahajan for appellant, Smt. Hema L. Kulkarni for respondent No.1 and Sri Ravindra Reddy for respondent No.2.

(2.) This appeal has been preferred by the appellants-plaintiffs challenging the portion of the judgment passed by the District Judge, Family Court, Kalaburagi in O.S.No.13/2015 dated 27.10.2017 whereunder the relief of plaintiffs for declaration that the first defendant is not entitled to receive pensionary benefits, such as, DCRG, commutation, leave surrender and to create a charge on the pensionary benefit is dismissed.

(3.) The brief facts of the case as averred in the plaint are that plaintiff No.1 is legally wedded wife of the first defendant and their marriage was performed on 09.04.1983 and out of the said wedlock plaintiff No.2 was born. They led marital life for some years. Thereafter defendant No.1 was not co-habituating with the first plaintiff without any reasonable cause and excuse. In that light M.C.No.12/1988 was filed for restitution of conjugal rights on the file of Senior Civil Judge, Kalaburagi and the said case was decreed on 12.02.1999 and subsequently defendant No.1 did not join the company instead he filed another M.C.No.16/1990 (new No.88/1998) for relief of divorce. In the said petition, plaintiff No.1 filed application for interim maintenance and it was granted and subsequently the said petition came to be dismissed for default on 24.11.1999. It is further averred that plaintiff No.1 filed a petition under section 125 of Cr.P.C. claiming maintenance in Crl.Misc.No.84/1995 and it was allowed and an mount of Rs.500/- per month was awarded. As the amount was insufficient to lead the life, plaintiff No.1 filed O.S.No.10/2002 for enhancement of the maintenance and suit was allowed and maintenance amount of Rs.2,000/- was ordered. Despite the order, defendant No.1 was not regular in payment of the amount and she filed the execution petition.