KRISHNAMURTHY Vs. DEEPAK AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the Judgment and Decree dated 16.06.2000 passed in O.S. No. 62/1996. The defendant No. 1 who is aggrieved by the allotment of share made by the impugned Judgment is assailing the same urging several grounds.

(2.) For the sake of convenience, the parties will be referred to by their ranks obtained in the Court below. Pew facts, which are essential for the purpose of disposal of this appeal may be set out as under :

(3.) Plaintiff No. 3 is the wife of defendant No. 1 Plaintiffs 1 and 2 are the minor children born out of the wedlock between defendant No. 1 and plaintiff No. 3. It is contended by plaintiff No. 3 for herself and on behalf of her minor sons that defendant No. 1 completely deserted them and was taken to bad habits; that it was plaintiff No. 3 who was taking care of the minor children. Defendant No. 1 by misusing the properties and assets of the family was causing loss to the interest of the minors, that there was a family kirana business carried on at Bagalkot and the defendants had contributed to tine said business out of which the 'B' schedule property was acquired. It is the further case of the plaintiffs that when the plaintiffs and defendant No. 1 started living separately at Guledgud, it was the plaintiff No. 3 being a Government servant working in Health Department getting a salary of Rs. 3,000.00 p.m. who contributed to the family consisting of herself, her husband and the minor children for the education of the children and for starting a business of her husband who was an unemployed person. It is her further case that she has raised loan and advanced funds to defendant No. 1 to start cycle business in the name of 'Deepak Cycle Stores'. She, however, asserts that she has taken loan on her salary to start another business in the name of 'Tilak Enterprises' for selling of furniture and other articles.