BAURAMMA Vs. SIDDAPPA JEEVAPPA PATARAD

JUDGEMENT

(1.) THIS is an appeal by the wife who was the plaintiff in O. S. 6/95 on the file of the Judge, Family Court, Bijapur and whose suit for maintenance against the defendant husband came to be dismissed.

(2.) THE plaintiff and the defendant were married in the year 1966. They lived together and a daughter was born to the couple. It appears that the plaintiff contracted a second marriage in the year 1977. Thereafter, the plaintiff has averred that her husband and second wife started ill-treating her, harassing her and threw her out of the house. The plaintiff was forced to seek shelter in her relative's place and as she is unable to support herself in the evening of her life, had approached the Court for grant of maintenance. It was also averred in the plaint that the defendant-husband, is a man of means, was owning about seven acres of fertile agricultural land in S. No. 730 of Ingleshwar village, Basavanabagewadi Taluk and his income was in the range of Rs. 70,000/- to Rs. 80,000/- per annum and as such was claiming a nominal maintenance of Rs. 1,000/- per month.

(3.) THE defendant contested the suit. The relationship was not disputed, but it was averred that the marriage between the parties had been dissolved by mutual agreement in the year 1972 as per an agreement dated 21-8-1972 (marked as Ex. D2 ). As the plaintiff was a divorced lady it was contended that she was not entitled for any maintenance. It was also pleaded that at the time when the plaintiff-wife was living with the husband, the husband had paid her a sum of Rs. 15,000/- towards maintenance. The suit claim resisted and defendant pleaded for dismissal of the suit.