BELCITA VINCENT GOMEZ Vs. VINCENT GOMEZ

JUDGEMENT

(1.) The plaintiff in O.S. No. 264/2003 on the file of the Family Court, Kollam, is the appellant herein. The parties are referred to as the plaintiff and the defendant. The Family Court, Kollam passed a decree allowing the plaintiff to realise the monthly maintenance at the rate of Rs. 1500/- from the defendant and his assets from 1.7.2000 onwards. In addition to the said amount, a sum of Rs. 20,000/- was also allowed to be realised from the defendant towards medical expenses. The plaintiff is aggrieved by the inadequacy of the amount fixed towards the monthly maintenance.

(2.) The case of the plaintiff is as follows: The plaintiff and the defendant were married on 5.12.1974 in accordance with the Latin Catholic rites and rituals. Three daughters were born out of the wedlock. After some years of marriage, the respondent went to Gulf country in search of better avenues in life. Originally he was employed in an automobile workshop in Gulf. Subsequently he started his own unit and the unit flourished and substantial income was earned by him. Gradually the defendant began to neglect her without providing anything to her for her sustenance and maintenance. Towards the end of 1994 the respondent had an affair with his sister-in-law. Though resisted by the plaintiff, the illegal relationship with the said person continued. Finding that the husband failed to change his ways, the plaintiff has no other alternative other than to dissociate herself from her husband, and therefore, she left U.A.E. and came to Kollam on 24.12.2000 and started residing in a small rented house with the help of her sister.

(3.) The children were not allowed to go with the plaintiff and on account of his wealth and big contacts, he was able to retain the custody of them. The defendant got married two of the daughters without intimation to the plaintiff. The plaintiff filed O.P. No. 22/2002 for divorce. The divorce petition was allowed by the Family Court, Kollam by judgment dated 3.2.2005. The present application for maintenance and for realisation of treatment expenses incurred by her was filed since she was unable to maintain herself. The plaintiff sought for the relief of Rs. 20,000/- per month for the period from 1.7.2000 i.e. the date she was sent out from the respondent's home at U.A.E. till 1.7.2003, the date of the petition, and for future maintenance.