BHADRA REDDY Vs. SHANTHAMMA

JUDGEMENT

(1.) These two appeals are disposed of by the following common judgement, as they arise out of the, single judgement of Court below in O.S. No. 67/1974 dated 30-3-1976. In fact, the first of the appeals is by the defendants while the second of the appeals is by the Plaintiffs. The defendants have prayed in their appeal that the judgement and decree of the trial Court under appeal be set aside while the plaintiff in the second of the appeals has sought for enhancement of the maintenance awarded to her by the trial Court.

(2.) For convenience, we proposed to refer to the parties by the rank assigned to them in the trial Court.

(3.) The plaintiff Shanthamma filed O.S. No. 67/1974 in the Court of the Additional Civil Judge, Bangalore, under S.18(2) of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as the Act), into alia alleging that she was the legally wedded wife of the 1st defendant P. Bhadra Reddy, the marriage having taken place on 15th August, 1967 at Arembur Village in Colleareddy's residence. Athibele Hobli, Anekal Taluk. She further alleged that she lived with her husband at Andenahalli for some time after the marriage quite happily with the 1st defendant, and, the husband, began to illiterate the plaintiff and she was subjected to cruel treatment day after for no valid cause or justification. Nevertheless, the plaintiff endured all the ill-treatment and the hardship as becomes a dutiful and obedient Hindu Wife. She further alleged that on 3-1-1971 the 1st defendant, the husband, unceremoniously drove her out of his house, and thereafter took a second wife who was also of the name of Shanthamma (daughter of one Muniveerappa of Muthanallur). She therefore contended that she was entitled to maintenance from the 1st defendant and also to separate residence.