KANAMBABAKAL EDAKATTU RAYIINKUTTY Vs. ETTUVEETIL ASAMBI

JUDGEMENT

(1.) The defendant in O. S. No. 39 of 1988 on the file of the Munsiff's Court, Parappanangadi is the appellant. The respondents are the plaintiffs. They filed the above suit claiming maintenance from the appellant. The Munsiff's Court decreed the suit awarding a sum of Rs. 3,600 as past maintenance. As against the said judgment and decree the appellant filed an appeal before the Sub Court, Tirur as A. S. No. 6 of 1991. In that appeal the decree for past maintenance was confirmed. It is against the said judgment and decree, this Second Appeal has been filed.

(2.) The 1st respondent is the wife of the appellant and the 2nd respondent is the child born to them in their lawful wedlock. The marriage was solemnized about 4 years prior to the filing of the suit. The case of the respondents is that the appellant had neglected them and refused to maintain. On the other hand, the case of the appellant is that the 1st respondent was forcibly taken away from his residence by her father when the appellant was away from the house. His further case is that the 1st respondent had refused to live with him and therefore she is not entitled to the maintenance.

(3.) The Trial Court, after the enquiry found that the respondents are entitled to claim maintenance in as much as the appellant failed to look after them. It is further found that the respondents were residing separately for sufficient reasonable cause. These findings are concurred by the lower appellate court.