N. THANGAVEL Vs. BALASARASWATHY

JUDGEMENT

(1.) BEING aggrieved by the concurrent judgments and decrees of the Courts below, directing maintenance and creating a charge over the properties, husband has filed the present appeal. For sake of convenience, the parties are addressed as per the litigative status in the lower Court.

(2.) THE plaint averments are as follows: The plaintiff is the legally wedded wife of the defendant. The marriage between the parties took place on 28.08.1985. It is the case of the plaintiff that at the time of marriage, her father had given 30 sovereigns of jewels and Rs.20,000/ - as Sridhana. A female child was born out of the wedlock, in the year 1986. Thereafter, the defendant began to treat the plaintiff cruelly, by asking her to bring a motorcycle from her parent 's house, but the demand could not be complied with, by the parents of the plaintiff. On 15.04.1994, the defendant took away jewels and money from the plaintiff and started a finance business, at Dharapuram. Subsequently, the plaintiff conceived twice. As the scan report revealed a female child, the plaintiff was forced by the defendant to abort the child. Lastly, on 30.08.1997 in an intoxicating mood, the defendant drove away the plaintiff from the matrimonial house. Thereafter, the defendant filed a petition for divorce before the Sub Court, Dharapuram, in H.M.O.P. No.34 of 1997 and that the same was allowed. Being aggrieved by the same, the plaintiff preferred an appeal and that the same was pending before the District Court, Erode, when the present suit for maintenance was filed. It is the case of the plaintiff that the defendant owns 20 acres of land and running a poultry farm. He is earning Rs.50,000/ - per annum. He has also taken away 30 sovereigns of jewels, worth about Rs.1,20,000/ - and cash of Rs.20,000/ -. In the abovesaid circumstances, the plaintiff has filed the present suit, claiming past and future maintenance, value of the jewels and cash. She has also prayed for a charge over the properties.

(3.) THE defendant in his written statement, has admitted marriage, but denied the contention that the plaintiff was given 30 sovereigns of jewels and Rs.20,000/ - cash, by her father. He has denied the contention that he had taken away jewels and money and was running a finance business. He has also submitted that the plaintiff never conceived twice and that there was no abortion. According to him, on 30.08.1997, the plaintiff, on her own accord, neglected the defendant, his aged parents, the female child born out of the wedlock and went to her parental house. As several efforts taken by the defendant to bring back the plaintiff to the matrimonial house, failed and since she did not take any care even to maintain the female child, the defendant was constrained to file a petition for divorce, on the file of the learned Sub Judge, Dharapuram, which was also allowed. The defendant has denied the contention that he is having 20 acres of land and earning Rs.50,000/ - per annum. According to him, it is difficult to maintain even his aged parents and the female child. He has also denied that he is running a poultry farm at Dharapuram. On the contrary, he has submitted that the plaintiff has acquired 10 acres of land from her parents and cultivating the same. as she has means to maintain herself and for the reasons stated supra, he has prayed to dismiss the suit for maintenance.