LAXMI Vs. KRISHNA BHATTA

JUDGEMENT

(1.) In the village of Kolnad in the District of South Kanara, defendant 1 Krishna Bhat was living in the year 1943 with his wife Lakshmi and his little daughter Rohini. Krishna Bhat who is defendant 1 in the suits out of which these two appeals arise, is an agriculturist owning areca gardens and paddy fields. In the year 1943 he took another wife and according tot he allegations of the first wife Lakshmi she was driven out of the matrimonial home having been subjected to acts of cruelty. In the year 1951 a demand was made by Lakshmi for the payment of maintenance to her and that demand not having been complied with, a suit was instituted by Lakshmi on August 26, 1958 for past and future maintenance. The suit brought by her is Original Suit No. 364 of 1958 out of which R.S.A. 90 of 1964 arises.

(2.) In the year 1960 Rohini in her turn brought another suit against her father for past and future maintenance, and that suit was O. S. 11 of 1960 and the corresponding appeal is R. S. A. 134 of 1964. In both these suits, Krishna Bhat's mother Mookambike was also made a supplemental defendant on the ground that on May 31, 1951 under Exhibit B-7, item 1 in the schedule to the plaint and portions of item 2 in that schedule were sold for no consideration to her by Krishna Bhat with the intention of defeating the maintenance claims.

(3.) Lakshmi asked for maintenance consisting of 1 candy of areca and 10 muras of rice every year and she claimed a sum of Rs. 3,460/- as arrears of maintenance for the period between 1954 and 1958. Rohini asked for future maintenance at a slightly smaller rate consisting of 10 maunds of areca and 7 muras of rice. She claimed past maintenance at Rs.360/- a year for the period between 1954 and 1960, and the aggregate of it was Rs. 2,340/-. In addition she asked for marriage expenses amounting to Rs. 1,500/-