V.P.SUGATHAN Vs. LEKHA SUGATHAN

JUDGEMENT

(1.) This appeal is filed by the respondent in O.P.832/2010. By the impugned judgment, the appellant is directed to pay Rs.1.74 lakhs as past maintenance and also an amount of Rs.15 lakhs as marriage expenses of the 2nd petitioner. The 2nd petitioner was also permitted to get monthly maintenance at the rate of Rs.3,000/- as prayed for. Petitioner also claimed value of 88 sovereigns of gold ornaments which according to her was given to her at the time of marriage, alleging that the gold had been misappropriated by her husband.

(2.) The contention urged by the learned counsel for the appellant is that though an application was filed to set aside the ex parte order, the same was dismissed and therefore, the appeal has been filed against the order dated 6.8.2011.

(3.) The facts involved in the case would disclose that the 1st petitioner married the respondent/appellant on 6.5.1990 and the 2nd petitioner was born in that wedlock. It is contended that they were living separately since 1.1.2008 on account of matrimonial cruelty and thereafter she was not being paid any maintenance. She therefore, claimed past maintenance at the rate of Rs.3,000/- per month for the first petitioner and also at the same rate for the 2nd petitioner and Rs.15 lakhs towards marriage expenses of the 2nd petitioner. The appellant remained ex parte. The petitioner filed proof affidavit and produced three documents as Exts.A1 to A3. The Family Court having taken note of the proof affidavit observed that the petitioner is entitled to realise the money claimed in the case and thereafter passed a decree.