SHIVANAND Vs. SHIVALEELA

JUDGEMENT

(1.) Present appeal is by the defendant aggrieved by the judgment and decree dtd. 7/4/2014 passed in R.A.No.38/2012 on the file of the III Additional Senior Civil Judge, Hubballi (hereinafter referred to the as 'the first appellate Court') by which the first appellate Court dismissing the appeal filed by the appellant with costs confirmed the judgment and decree dtd. 7/4/2012 passed by the I Additional Civil Judge, Hubballi (hereinafter referred to as 'the trial Court') in O.S.No.864/2009 by which the trial Court had directed the appellant herein to pay Rs.1,000.00 per month to plaintiff No.1 towards maintenance and Rs.500.00 per month to each plaintiff Nos.2 and 3 as long as they are minors or till their marriage, whichever is later. Further by the said judgment and decree, the trial Court had created charge on the suit property in respect of maintenance awarded as above.

(2.) Brief facts of the case are that; the above suit was filed by the plaintiff Nos.1 to 3, who are the wife and children respectively of the defendant, on the premise that the marriage of plaintiff No.1 with the defendant was solemnized on 24/6/1993 at Veerabhadreshwar Temple Kalyan Mantap, Ranebennur. Out of the said wedlock, plaintiff Nos.2 and 3 were born on 12/8/1994 and 5/7/1997 respectively. That the suit schedule is the residential site purchased by the defendant under a registered deed of sale dtd. 26/3/2001. The defendant had constructed the residential house thereon. The defendant was employed as Engineer in BSNL and plaintiff No.1 and the defendant lived happily up to the year 2008 when the defendant was transferred to Basavakalyan Branch at Bidar district. That after the transfer to Basavakalyan, the defendant started neglecting to maintain the plaintiffs. He did not even visit the residence of the plaintiffs and stopped sending money for maintenance. Plaintiff No.1 suspecting the bonafide of the respondent and being apprehensive of the defendant, trying to alienate suit schedule property to the stranger, depriving shelter of the plaintiffs, they filed the suit seeking the aforesaid reliefs. The plaintiff No.1 is a housewife and plaintiff Nos.2 and

(3.) were pursuing their 9th and 7th standard studies at the time of filing of the suit. 3. The defendant on service of summons appeared and filed written statement contending that the suit schedule property is his self acquired property and the plaintiffs had no right, title or interest over the same. That he had every right to deal with the suit property in the manner he deemed fit and proper. He denied the allegations of he neglecting the plaintiffs after his transfer to Basavakalayan. He specifically contended that he had taken care of the plaintiffs with love and care as a husband and as a father. That he has spent enough amount for their maintenance and education. He denied the suspicion of plaintiff No.1 regarding his relationship with a lady. He denied the allegation of he trying to alienate the suit schedule property with an intension of throwing out the plaintiffs from the house. Hence, he sought for dismissal of the suit.