SEENAPPA Vs. GOWRAMMA

JUDGEMENT

(1.) This is a unsuccessful husband/defendant's second appeal against the Judgment and Decree Dated 16.08.2013 made in R.A.No.271/2011 on the file of Senior Civil Judge and JMFC, Malur, dismissing the Appeal and confirming the Judgment and Decree Dated 31.08.2009 made in O.S.No.80/2004 on the file of I Additional Civil Judge (Jr.Dn.), Malur, decreeing the suit for maintenance filed by the plaintiff in part, granting maintenance of Rs.700/- per month from the date of institution of the suit during her life time.

(2.) The respondent who is the plaintiff before the Trial Court filed a suit for maintenance of Rs.1,000/- from the defendant during her life time, contending that, she is the legally wedded wife of the defendant and their marriage was solemnized according to Hindu religious and customs about 20 years back. The plaintiff and defendant lived together about 2 years and thereafter, defendant started picking up quarrel without any reasons and also demanded dowry. But the parents of the plaintiff who are poor could not meet the demand of dowry. Therefore, defendant started ill-treating and misbehaving with the plaintiff with cruelty and assaulted many occasions and insisted that plaintiff should give written consent to the second marriage. Plaintiff did not consented and defendant deserted the plaintiff without maintaining her by providing basic amenities. Defendant has married for second time without knowledge and consent of the plaintiff, that too, when the first marriage with the plaintiff is in subsistence. When the plaintiff's parents came to know about the second marriage, approached the defendant and questioned his acts and defendant refused to take back the plaintiff. After the second marriage, the behaviour of the defendant towards plaintiff is cruel and she is not in a position to live with the defendant. Therefore, she is residing with her parents and they are not capable of maintaining her any longer. Plaintiff is not in a position to earn independently for her livelihood. Further, she contends that defendant is having income of Rs.10,000/- per month from all the sources and he is capable of maintaining the plaintiff, etc. Therefore, she filed the suit.

(3.) On receipt of summons from the Trial Court, defendant appeared and filed written statement denying the entire plaint allegations and contended that the plaintiff is not the legally wedded wife of the defendant and their marriage was never solemnized and hence the question of ill-treating the plaintiff does not arise. The Defendant further contended that there is no relationship between the plaintiff and defendant as husband and wife. Plaintiff stated cock and bull story just to harass him. Defendant further contended that he is aged about 60 years, suffering from various diseases, his health condition is very poor and he is residing with his wife Padmavathamma and son Ravichandra and his only daughter by name Kanakavathi. The defendant along with his wife and children is permanently residing at Bellandur village and the plaintiff has created and concocted the documents with an intention to spoil the life of the defendant, etc. Therefore, he sought for dismissal of the suit.