ASHABI B TAKKE Vs. BASHASAB TAKKE

JUDGEMENT

(1.) THIS appeal by the wife is directed against the judgment and decree of the Family Court at bijapur, dated 1-1-1997 whereby the Family Court dismissed the appellant-plaintiffs claim for maintenance. The appellant wife had sought for monthly maintenance of rs. 1,500/- from the defendant-husband on the premise that he has neglected to maintain her : that he has driven her out of the house and also contracted a second marriage and is living with the second wife. The plaintiff also pleaded that she had borne a son to the defendant from out of the marriage and that as the defendant has neglected to take dare of them, she is compelled to seek for maintenance through the court.

(2.) THE defendant contested the suit. The marriage between the parties was admitted. The birth of the son was also not disputed. But he denied certain allegations of demand for dowry made in the claim and also denied that the defendant had deserted the plaintiff-wife. It was averred that it was the wife who on the other hand, had deserted the husband and had gone away. He also admitted the contracting of a second marriage, but pleaded that the plaintiff was not entitled for maintenance as she had herself deserted the husband and that he was ready and willing to take her and she is not willing to join him and as such is not entitled to claim maintenance. It was also pleaded that he was getting a salary of only Rs;2,000/-; that he did not have any other properties as pleaded in the plaint and that he is not in a position to pay any maintenance to the wife.

(3.) THE fact that earlier Criminal miscellaneous case filed under S. 125 of the code of Criminal Procedure ('cr. P. C. ' for short) by the wife claiming maintenance had been dismissed, was also pleaded as a circumstance justifying denial of maintenance to the wife in the present suit also.