B.R. RANGARAJU Vs. D.L. CHANDRAMMA

JUDGEMENT

(1.) The unsuccessful husband -defendant has filed the above MFA against the judgment and decree dated 21.06.2010 passed in O.S. No. 34/2003 on the file of the II Addl. Principal Judge, Family Court, Bangalore.

(2.) For the sake of convenience the parties are referred to as per their ranking before the Family Court.

(3.) The brief facts of the case are that the 1st plaintiff -wife filed O.S. No. 34/2003 against the defendant for awarding maintenance at the rate of Rs. 1,000/ - per month for a period of three years and monthly maintenance of Rs. 3,500/ - per month from the date of the petition alleging that the 1st plaintiff married the defendant as per the Hindu Customs and Rights on 11.5.1977 at Vakkaligara Sarvaganika Vidyarti Nilaya, Channapattana. After the marriage between the plaintiff and defendant, 2nd plaintiff was borne out of their wedlock on 14.9.1997 and they were happy for a period of two years and thereafter the defendant started ill -treating the plaintiff by abusing her in filthy and vulgar language, he used to beat her for no fault of her, the defendant used to send her out of the house. The plaintiff tolerated the ill -treatment thinking that the defendant may mend his behaviour in future, inspite of the same the defendant has not changed his behaviour and in the year 1984 the defendant without any reason sent the plaintiff and her daughter out of house, and in spite of holding many panchayat and advise by the elders in the family the defendant did not take the plaintiff and her daughter to the matrimonial home and therefore, the plaintiffs have no option except to stay in the paternal house of the 1st plaintiff and also contended that the plaintiffs have no income and they are unable to maintain themselves. The defendant is working in BEL as a permanent employee and he is drawing salary of Rs. 10,000/ - per month and he has neglected to maintain the plaintiffs. Therefore, the plaintiffs filed the suit.