LAWS(KAR)-2015-6-139

P. SHANKAR Vs. D. JAYAMMA

Decided On June 23, 2015
P. SHANKAR Appellant
V/S
D. Jayamma Respondents

JUDGEMENT

(1.) THOUGH this matter is posted for orders, the same is taken up for final disposal having regard to the facts and circumstances of the case.

(2.) THE appellant is the aggrieved defendant/husband of O.S. No. 50/2012 instituted by the wife/plaintiff, seeking for maintenance of Rs. 5,000/ - per month and also to create a charge over the suit schedule property for the maintenance of the plaintiff.

(3.) CASE of the plaintiff was, she is the legally wedded wife of the defendant having married 50 years back as per the customs; out of the said marriage, the couple had two children and their married daughter is expired. The parties and their son are all residing together jointly under the same roof. A site was allotted in the name of the husband by C.I.T.B., and plaintiffs father paid the entire amount to purchase the site and to construct a residential house therein. The husband is getting monthly pension of Rs. 12,000/ - but is not paying anything towards maintenance of the family. She has no other source of income. Her son is not looking after her welfare. Husband has deserted her for last several years; he is making efforts to alienate the suit property to make wrongful gain for himself, etc.