THANKAMMA Vs. KOCHUNNI

JUDGEMENT

(1.) Plaintiff wife, who is aggrieved by the dismissal of the suit filed by her before the Family Court, Thrissur, seeking separate maintenance from her husband, is the appellant. She alleged in the suit that she and the respondent are Hindus who got married as per the customary rites and that they lived together as husband and wife for a few years in the respondent's house.

(2.) Resisting the suit stiffly, the respondent husband denied the marriage between him and the appellant. He denied not only the marriage between him and the appellant but also birth of children out of the wedlock. According to him, the appellant had been in love with his brother and she had been living with him Respondent was married to Kalyani with whom he is presently living as husband and wife. He denied the liability to maintain the appellant and denied her claim that she had been so far maintaining herself out of the income from the plaint schedule properties and also through occasional payments given by him. According to him, the plaint schedule property was allotted to him in the family partition only in 1988 and this aspect reveals the fallacy of the appellant's case that she was in possession of the plaint schedule property belonging to her husband since last 30 years and taking the usufructs therefrom. He further contended that he is sick for the last 20 years and is undergoing treatment. He is without any work and is having no income. He is depending solely on his wife Kalyani and also on his children for his maintenance. As for the appellant, she has her own landed properties and is deriving income by doing work.

(3.) Reiterating his contention regarding denial of the relationship between him and the appellant, the respondent filed an additional written statement specifically contending that he has not married the appellant on the date mentioned in the plaint.