SUYAMBULINGAM Vs. S SIVASUNDARI

JUDGEMENT

(1.) THE defendant is the appellant. THE appeal is preferred against the judgment and decree, dated 10.06.2003, made in A.S.No.20 of 2003, on the file of the learned District Judge, Kanyakumari, partly allowing the judgment and decree, dated 12.07.2002, in O.S.No.8 of 2001, on the file of the learned I Additional Sub Judge, Nagercoil.

(2.) THE brief facts of the case are as follows:- THE first plaintiff is the legally wedded wife of the defendant and the marriage was solemnized on 20.01.2000 and thereafter, they lived as husband and wife and they begotten the second plaintiff, a male child. THE first plaintiff was given jewels of 55 sovereign and the defendant was given Rs.1,00,000/- as dowry and however, the defendant and his family members were demanding more money and subjecting the first plaintiff for cruelty and due to unbearable hardships the plaintiffs went to her parents place. THE defendant is not maintaining the plaintiffs and therefore, the suit was filed for maintenance.

(3.) ON admission, this Court has framed the following substantial question of law, for consideration:- "When the trial Court refused to grant a charge in a suit for maintenance, in thePe absence of an appeal by the aggrieved party on that issue, whether the power under order 41 Rule 33 C.P.C., can be exercised in this case on facts available?"