HANUMAPPA Vs. GOWRAMMA

JUDGEMENT

(1.) This regular second appeal is filed by the defendant in O.S.No.178/2006 challenging the judgment and decree dated 03.06.2008 passed by the Additional Civil Judge (Jr.Dn) Shidlaghatta and the concurrent judgment and decree passed by the Senior Civil Judge & JMFC, Shidlaghatta in R.A.No.48/2008.

(2.) The facts that are evident from the suit filed are that the plaintiff is the first wife while one Lakshmamma was second wife of the defendant and that the plaintiff has two children from the defendant. Due to differences between the plaintiff and the second wife, the defendant abandoned her and that she was residing at her parents' house since then. She has stated that the defendant was allotted certain properties on a partition between him and his brothers and the defendant with the help of his children from the second wife had concocted the documents to alienate the suit property. She has stated that though several panchayaths were convened to resolve the differences between the plaintiff and defendant, the defendant failed to accept her. She therefore sought for maintenance of a sum of Rs.1,000/- per month from the defendant.

(3.) The defendant filed his written statement contending that there was no relationship of husband and wife between him and the plaintiff and no children were born to the plaintiff through him. He has further contended that the plaintif on ill advise of some persons who are untoward him has filed false suit against him.