KASTHURI Vs. RANI

JUDGEMENT

(1.) The respondent/plaintiff filed a suit in O.S.No.4 of 2003 seeking for maintenance from the appellant/defendant.

(2.) For the sake of convenience, the parties are referred to as per their ranking in the trial court and in appropriate places, their rank in the present appeal would also be indicated.

(3.) The case of the plaintiff in nutshell is as follows: The plaintiff is the wife of the defendant and their marriage was solemnized according to Hindu Rites and Customs on 27/6/1988 at Perumal Koil, Poochur, Pennagaram Taluk, Dharmapuri District. The defendant was unemployed initially and thereafter, he joined Tamil Nadu Electricity Board as a helper. The defendant used to assault the plaintiff. Since the plaintiff and the defendant did not have any child, the plaintiff went for a medical check up and even though the doctor certified that she is 100% fit to have a child, the defendant wanted to marry another lady. Since it was not acceded to by the plaintiff, the defendant attempted to murder her. Therefore, she left the matrimonial home and started living with her parents. Though elders in the family tried to settle the dispute between the plaintiff and the defendant all their efforts went in vain. The defendant, thereafter, refused to live with the plaintiff. Therefore, the plaintiff filed a suit claiming maintenance of a sum of Rs.2,000.00 per month.