INDIRANI Vs. A.RAJASEKARAN

JUDGEMENT

(1.) The Second Appeal is filed challenging the judgment passed in A.S.No.7 of 2013 by the Additional Sub-Judge, Thiruvallur, confirming the judgment and decree in O.S.No.218 of 2007. The facts necessary for the disposing of the above Second Appeal are narrated herein below:

(2.) The suit has been filed by the plaintiffs, praying to direct the first defendant to pay Rs.2,000.00 per month towards maintenance and to pay Rs.24,000.00 towards past maintenance, for creating first charge over the suit schedule mentioned property, for mandatory injunction directing the second defendant to deduct the maintenance amount from the salary of the first defendant and pay to the plaintiffs and for a permanent injunction restraining the first defendant from their men in any manner making alienation or encumbrance over the suit schedule mentioned property.

(3.) The case of the plaintiffs is that the first defendant is the husband of the first plaintiff and father of the second plaintiff. The marriage between the first plaintiff and the first defendant was solemnized in the year 1984 according to the Hindu rites and customs at Arulmigu Subramaniya Swamy Thirukoil, Thiruttani. The marital house was set up at Palavakkam and due to the wedlock, the second plaintiff was born on 1/7/1986. After the marriage, the first defendant got employment in Co-operative Societies, Government of Tamil Nadu and now working as Co-operative Sub-Registrar at Deputy Registrar Office at Ponneri. The suit scheduled property belonging to the first defendant. The first defendant is earning more than Rs.30,000.00 as salary. By doing cultivation, he is also earning more than Rs.10,000.00 per month. The marital house was shifted to various places due to the defendant's employment. The first defendant started to have illegal connection with one Shanthi and married her on 11/7/1994. After some months, the first defendant left that Shanthi and lived with the first plaintiff. Then the first defendant purchased property by taking loan in Land Development Bank, Uthukottai, by mentioning the first plaintiff as wife and second plaintiff as daughter. Day by day, the first defendant changed his character and colluded with their parents and deserted the first plaintiff voluntarily and made arrangement for another marriage in the year 2003. Even despite several mediations and hue and cry of the plaintiff, the first defendant married one Mohanasundari. Due to the bigamous attitude of the first defendant, the plaintiffs are in the street without any income or support from the relatives. The plaintiffs are unable to earn money even make out their basic expenses and by doing coolie work, the plaintiffs are earning meagre amount. Due to the desertion, the second plaintiff discontinued her education. The first defendant is earning more than Rs.23,000.00 and he is also making all arrangements to sell away the schedule mentioned property. To safeguard the welfare of the plaintiffs, it is just and necessary to create a charge over the properties and to direct the second defendant to deduct the maintenance amount from his salary and pay the same to the plaintiffs. It is the duty of the first defendant to make arrangement of the marriage of the first plaintiff. The plaintiffs have also filed a suit in O.S.No.295 of 2004 for partition and after getting permission of this Court, the same is withdrawn and the present suit is filed.