VIJAYAN Vs. SOBHANA

JUDGEMENT

(1.) The second defendant in O.S. No. 122 of 1995 on the file of the Family Court, Kollam is the appellant. Brief facts that are necessary for the disposal of this appeal alone are noted. It is stated that the first respondent herein was married to the fourth respondent and the marriage was solemnised on 25-1-1981. In their wedlock, the first respondent gave birth to respondents 2 and 3, who were minors at the time when the suit was instituted. For various reasons, respondents 1 and 2 could not live together and they are separately living since 31-3-1989 with the children living with the mother. It is stated that by Ext. B3 dated 12-6-1989 the plaint schedule property which belonged to the fourth respondent was purchased by the appellant, who was the second defendant in the suit, for valid consideration. In 1995 respondents 1 to 3, the wife and children of the fourth respondent filed the suit before the Family Court, Kollam praying for maintenance charged on the plaint schedule property along with interest and costs.

(2.) The suit was contested by the appellant with the fourth respondent remaining ex parte. By judgment and decree dated 20-1-2001, the Family Court decreed the suit allowing respondents 1 to 3 to realise maintenance at the rate of Rs. 400/- for the wife and Rs. 300/- each" for the children from the fourth respondent-husband and charged upon the plaint schedule property and from the estates of the fourth respondent. The plaintiffs were also held to be entitled to the cost of the suit from the defendants. Aggrieved by the above, the second defendant in the suit, the purchaser of the plaint schedule property, has come up in appeal.

(3.) We heard counsel for the appellant and respondents 1 to 3. In this Court also, the fourth respondent remained ex parte despite the service of notice on him.