N.THANKAPPAN Vs. K.G. CHANDRAMATHI

JUDGEMENT

(1.) MAINTENANCE was granted to the wife and minor children by the Trial Court.The respondents filed the suit claiming maintenance,past and future.

(2.) FIRST respondent(wife)contended that the appellant married her on 18th November 1976,that two children were born in the wedlock,that after the birth of second child her husband did not care to take her to Madras where he is residing and that he failed to maintain her and children.It is also alleged that the appellant is living with a concubine at Madras.Appellant filed written statement traversing the allegations and contending that the first respondent has been residing away from him without any justifiable reason.

(3.) FIRST respondent relies on Ext.A -1 to substantiate her case that her husband is living with a concubine at Madras.As the person who wrote Ext.A -1 to P.W.1(brother of the first respondent)was not examined the Trial Court rightly discarded it.Appellant's contention is that if Ext.A -1 is eschewed from evidence there is no other evidence to hold that the first respondent has any justifiable reason to live separately from her husband.Learned counsel for the first respondent submitted that there is ample evidence in the case justifying the conduct of the first respondent in living separate from her husband and hence the judgment of the Trial Court does not warrant interference.