GLADSTONE Vs. GEETHA GLADASTONE

JUDGEMENT

(1.) DEFENDANT in O.S.308 of 1995 on the file of the Family Court,Thiruvananthapuram filed this appeal challenging the judgment passed by the Court below awarding an amount of Rs.1,500/ - to the first plaintiff and Rs.2,756/ - to minor second plaintiff per mensem as maintenance with effect from 14.8.1993.

(2.) THE appellant married the first respondent on 12.8.1982 as per the customary rites.The second respondent is their daughter.At the time of marriage,the appellant was practicing as Physician in a private nursing home.In the year 1986 he was appointed as Assistant Surgeon,E.S.I.Hospital,Chavara,Puthenthura.From the year 1989 onwards,the plaintiffs and defendant started residing at their house at Kumarapuram near Medical College.The appellant got admission for Master of Surgery in the Medical College,Thiruvananthapuram in 1992.According to the respondents,on 14.8.1993,the appellant defendant deserted them and started residing in the hostel attached to the Medical College and thereafter he is not maintaining them.It is also alleged that subsequently the appellant developed illicit intimacy with a staff nurse,by name chandrika working in the Medical College and is now residing with her.It is admitted that the appellant deposited an amount of Rs.2,34,000/ - in the joint names of the appellant and first respondent authorizing the first respondent to withdraw the monthly interest amounting to Rs.2,600/ -.According to the first respondent,she was forced to withdraw the amount of Rs.2,34,000/ - deposited in the joint names of the appellant and first respondent to re -pay the debts due from the appellant to her brother and sister.It is averred that the appellant is getting more than Rs.40,000/ - per mensem from different sources.The first respondent claimed Rs.3,000/ - as monthly maintenance for herself and Rs.6,750/ - to the minor second respondent.It is also alleged that since the appellant deserted the respondents on 14.8.1993,he is liable to pay maintenance from that date onwards.So,they had claimed an amount of Rs.2,24,250/ - as past maintenance and Rs.3,000/ - to the first respondent and Rs.6,750/ - to the second respondent as future maintenance.

(3.) THE Family Court decreed the suit in part.The husband -defendant has filed this appeal challenging that part of the judgment awarding maintenance.