BALACHANDAR Vs. PADMAVATHY

JUDGEMENT

(1.) THIS second appeal arises out of the concurrent findings of Courts below decreeing plaintiffs' suit for maintenance and awarding maintenance of Rs.1,000/- per month to each of the plaintiffs and Rs.500/- per year towards clothing, medical and other expenses from the date of the plaint. Unsuccessful defendant/husband is the appellant.

(2.) FIRST plaintiff and defendant married in 1989 and first plaintiff was given 25 sovereign of gold jewels and other Seervarisai articles. Out of wedlock, second plaintiff - Priyadharshini was born. Spouses were living happily till 1997. From the year 1998, there was misunderstanding between first plaintiff and defendant. According to first plaintiff, defendant developed bad habits of consuming liquor, having illicit intimacy with another woman by name Chitra and treating first plaintiff cruelly and demanding dowry. For the misappropriation committed by the defendant in the police department, first plaintiff's father had to pay Rs.1,00,000/-. Case of the plaintiffs is that defendant made an attempt to set fire on the first plaintiff and therefore, first plaintiff left matrimonial home on 25.12.1997. After issuing Ex.A2 legal notice, plaintiffs filed suit in O.S.No.15 of 1999 claiming maintenance of Rs.1,000/- to the first plaintiff and Rs.500/- to the second plaintiff and also annual expenses.

(3.) UPON consideration of oral and documentary evidence, trial Court held that defendant has harassed first plaintiff, which compelled the first plaintiff to leave the matrimonial house. Trial Court further held that defendant is bound to maintain his wife and daughter and without any reason, the defendant left them in the lurch. Holding that defendant is under obligation to maintain the plaintiffs, trial Court decreed the suit directing the defendant to pay a sum of Rs.1,500/- per month towards past maintenance for one year to the plaintiffs and Rs.15,500/- per year to the first plaintiff and Rs.23,900/- per year to the second plaintiff till her marriage from the date of the plaint.