K. KAJAL AND OTHERS Vs. K.C. SATHYASEELAN

JUDGEMENT

(1.) The appeal is directed against a decree directing payment of maintenance including marriage expenses. The person who suffered the decree is the father of the persons to whom the decree was granted. The parties are referred to in this judgment as they are shown in the memorandum of appeal.

(2.) The case of the respondents is briefly stated below: Respondents 2 and 3 are the children born in the wedlock of the first respondent and the appellant. The marriage was on 25.12.1985. The second respondent was born on 2.6.1987. The third respondent was born on 5.3.1989. The appellant is a contractor who undertakes public construction works and also in private sector. He is not providing anything for the maintenance of the respondents. Respondents 2 and 3 were school going children in the 7th and 6th standards respectively when the suit was filed. The appellant who is rich is having a monthly income of Rs. 20,000/-. Himself and the first respondent live separately since 1.3.1999. She had to leave him as she was physically and mentally ill-treated by him. Respondents 2 and 3 need Rs. 2,500/- each per month for their maintenance. The first respondent, although employed, is unable to maintain the children. The third respondent is a girl. Rs. 10,00,000/- is required for meeting the expenses of her marriage.

(3.) The appellant has the following contentions: He was a contractor before. He is without any avocation now. His business collapsed. His creditors are after him. That was the reason why the first respondent left the appellant. The former is getting a monthly salary of Rs. 15,000/-. The appellant is highly indebted. He is unable to discharge the liabilities. He was deserted by the first respondent without any reasonable cause. Respondents 2 and 3 are not entitled to get past maintenance from the appellant. They were properly maintained by him till he was deserted by the first respondent.