VASANTHA Vs. CHANDRAN

JUDGEMENT

(1.) Vasantha, the appellant/plaintiff filed the suit against her husband, Chandran, the respondent/defendant claiming maintenance at the rate of Rs. 2,750/- per month from the date of suit till her death, for the past maintenance at the rate of Rs. 74,250/-, for return of 13 sovereign jewels or its value at the rate of Rs. 39,000/-, for creating charge over the house property, namely, the suit property and for permanent injunction restraining the defendant from alienating the suit property.

(2.) The trial Court decreed the suit, directing the defendant to pay Rs. 1,500/- per month as maintenance from the date of suit, i.e. 1-7-1999 to the appellant and also directed the defendant to pay Rs. 39,000/- being the value of 13 sovereign jewels given as streedhana jewels for the marriage. The trial Court also created charge over the house property and granted permanent injunction restraining the defendant not to alienate the same. The trial Court dismissed the suit as against the claim for past maintenance. Aggrieved by the said findings of the trial Court, the defendant/husband filed an appeal before the lower appellate Court, which in turn allowed the appeal and dismissed the suit, holding that the wife deserted her husband. This judgment is the subject matter of challenge before this Court in this second appeal by the appellant/wife.

(3.) The case of the plaintiff is as follows :-