RACHAPPA Vs. SUJATA

JUDGEMENT

(1.) THIS appeal is by defendants and they are before me challenging the judgment and decree dated 23-12-1995 passed in O. S. No. 125 of 1990 by the learned Munsiff, Basavana Bagewadi, confirmed in appeal No. RA 30 of 1993 by an order dated 30-1-2004 passed by the learned Civil judge (Senior Division), Basavana Bagewadi.

(2.) FACTS in brief are as follows: Respondent-Sujatha, wife of rachappa Kotagi filed O. S. No. 125 of 1990 seeking maintenance on the ground that she is the legally wedded wife of the first appellant. She states that she gave birth to a female child through first appellant. She stated that she had suffered ill-treatment and ultimately she was driven out of her matrimonial home. Matter was contested. Learned Trial judge decreed the suit and granted maintenance of Rs. 300. 00 per month. The said order was unsuccessfully challenged before the appellate Court. Concurrent findings of both the Courts are challenged in this appeal.

(3.) SRI Kannur, learned Counsel for the appellants would argue that the impugned orders require my interference. He says that no issue as such was framed in terms of the Hindu Adoptions and Maintenance Act, 1954 and that therefore both the orders suffer from infirmity.