K KUMAR Vs. LEENA

JUDGEMENT

(1.) The unsuccessful defendant has approached this Court in appeal challenging the judgment and decree of maintenance granted by the Trial Court in favour of the respondents and confirmed in the appeal, by the lower Appellate Court.

(2.) The brief facts relevant for the purpose of this appeal are as under: The parties will be referred as per their rank in the Trial Court for the purpose of convenience. The respondents herein were the plaintiffs whereas the appellant is the defendant before the Trial Court. The first plaintiff and the defendant are Christians and were married on 27.4.1977 as per the custom of their community. They led a happy marital life for sometime and they have three issues. The Plaintiffs 2 and 3 are the son and daughter. Later, there were differences amongst each other. The defendant was addicted to bad habits and developed illicit relationship with other women. He started consuming liquor and was subjecting the first plaintiff to cruelty and harassment by assaulting her. On an occasion in the year 1990, the defendant caused assault on the first plaintiff and she sustained fracture of her hand and was treated in the hospital. To maintain good relationship with the defendant, she did not disclose about the assault. Afraid of the cruel conduct of the defendant, she left him and started residing separately with Plaintiffs 2 and 3. She was doing coolie work, but the earnings were not sufficient for the maintenance. She filed a petition in Crl. Misc.57/ 1999. The defendant gave an amount of Rs.3,000/- and assured to pay the same in future and therefore, she withdrew the petition, but later, the defendant is said to have discontinued the payment. Later, she filed this suit claiming maintenance on the ground that her husband, the defendant is a KEB employee getting salary of Rs. 14,000/- p.m. He has the capacity to maintain the plaintiff and in the circumstances, she sought maintenance of Rs.4,000/- to herself and her children.

(3.) The defendant appeared, denied the allegations made and contended that Plaintiff No. 1 has illicit relationship with her own brother and it is because of the said reason, she has been residing with him and has deserted him. He also contended that in the Christian community, the marriage is a contract and when there is a breach by the first plaintiff, the contract stands terminated and there is no liability on his part to pay any maintenance to the plaintiff. He also claims that there is no provision under any law applicable to the persons of Christian community to pay the maintenance and in the circumstances, sought for the dismissal of the suit.