BASAPPA Vs. SIDDAGANGAMMA

JUDGEMENT

(1.) this regular first appeal is directed against the judgment and decree dated 1-3-1980 passed by the court of the civil judge, madhugiri, in r.a. No. 183/1978 while dismissing the appeal the first appellate court has confirmed the judgment and decree passed in o.s. No. 58/1976 by the court of the munsiff, madhugiri, wherein the appellant was directed to pay maintenance in a sum of Rs. 25/- per month and another sum of Rs. 50/- per annum towards separate residence.

(2.) this court at the stage of admission formulated the following proposition of law for consideration: "whether Section 18 of the adoption and maintenance act could be so construed as to hold that not with standing the nullity of a marriage under Section 11 of the Hindu Marriage Act the wife claiming maintenance, retains her status as wife for the purposes of applying for maintenance?

(3.) the few facts to briefly state are: the plaintiff by name siddagangamma, the third wife of one basappa filed original suit against her husband, who is arrayed as 1st-detendant and against another sakamma, who is a transferee of the portion of the suit schedule properties on which the plaintiff sought a charge for her maintenance.