R DURAIRAJ Vs. SEETHALAKSHMIAMMAL

JUDGEMENT

(1.) This is a maintenance matter. The first defendant-husband of the first plaintiff and father of the second plaintiff and son of the second defendant is the appellant.

(2.) Plaintiffs 1 and 2 i.e., the mother and daughter filed the suit for their maintenance and for the marriage expenses of the second plaintiff daughter on the following allegations :- The first defendant neglected both the plaintiffs and he has been living with another lady by name Jayam for the past 12 years and he had married her and has begotten four children through her. First defendant was an Executive Officer in the Hindu Religious and Charitable Endowments Department. Four years back he was dismissed from service and now he is living with his second wife Jeyam along with her children in a portion of the house in which the plaintiffs and the second defendant are living. Not only the first defendant did not take care of the plaintiffs but also he picked up quarrels with them. He did not care to do anything for the marriage of the second plaintiff. The defendants are possessing properties worth about two lakhs and taking into consideration the status of the plaintiffs a sum of Rs. 40,000/- would have to be spent for the marriage of the second plaintiff consisting of Rs. 30,000/- for jewels and Rs. 10,000/- for other expenses. The first plaintiff requires a minimum of Rs. 300/- per mensem for her maintenance and the second plaintiff will require a minimum of Rs. 200/-per mensem for her maintenance till the time she is married. Therefore, the suit for Rs. 40,000/- towards marriage expenses of the second plaintiff and for Rs. 300/- per mensem towards the maintenance of the first plaintiff and Rs. 200/- per mensem towards the maintenance of the second plaintiff till her marriage, and a charge over the second schedule mentioned properties of the defendants for all these amounts.

(3.) The first defendant contested the suit contending that the first plaintiff is the daughter of the second defendant's sister and both the plaintiffs are living with the second defendant and the second defendant who is in possession of the entire family properties is spending the entire income therefrom for the benefit of the plaintiffs. It is only at the instigation of the second defendant the suit has been filed. This defendant has no income of his own and he is in a strained financial circumstance. For these reasons he is not liable to pay any maintenance to the plaintiffs. This defendant is not liable to pay any marriage expenses to the second plaintiff.