DINAKARA LONDE Vs. DEEKSHA D. LONDE

JUDGEMENT

(1.) THIS appeal is filed by the defendant in O.S. No. 52/98 against the judgment and decree of the Trial Court decreeing the suit declaring 2/3rd share to plaintiffs 2 and 3 in Item No. 1 of "B" schedule property, reserving their right in respect of Item No. 2 to be got separated in the final decree proceedings and awarding maintenance to the first plaintiff. A charge is also created on the 1/3rd share of the defendant for payment of maintenance.

(2.) THE first plaintiff is the wife and defendant is the husband. Plaintiffs 2 and 3 are their children. Since the matrimonial relationship between the first plaintiff and the defendant was strained, the wife and children are living separately. The children are minors. The wife has no means of earning. The defendant neglected to look after them. Hence, they filed the suit for partition and maintenance.

(3.) THE defendant challenged the judgment and decree under appeal only in so far as they relate to awarding maintenance of Rs. 500/- per month to the wife. The same is made clear in Ground No. 3 as under :