AMARAVATHI Vs. K KALIMUTHU

JUDGEMENT

(1.) The plaintiff in O.S.No.857 of 1985 on the file of the District Munsif, Tiruchengode in whose favour the maintenance was passed in the trial Court was reversed on the appeal before the First Appellate Court and on such dismissal of her claim in the suit, the second appeal was preferred.

(2.) The averments made in the plaint were as follows: On 7th Vaikasi 1970 the defendant married the plaintiff. The house of the plaintiff is at Mallasamudram Hamlet, Karungal Village. Both parties lived as husband and wife for six months at Periamanali Village. Thereafter there was cruelty on the part of the defendant. The defendant had illicit intimacy with one Jamuna of Kakkalai Village. Seven years ago, the defendant began to live with Jamuna. So the plaintiff was living with the defendant's parents. The defendant got son of six years old and daughter of three years old born through Jamuna. Due to the desertion made by the defendant, the plaintiff found it difficult to ehke her livelihood . As the defendant is employed as a driver in the Anna Transport Corporation , earning a monthly salary of Rs.1200/-,monthly maintenance of Rs.300/- was to be paid as maintenance.

(3.) The averments made in the written statement were as follows: It is false to contend that the defendant married plaintiff on 7th Vaikasi 1970 at Karungal Village. True it is that the plaintiff was related to the mother of the defendant. As she was elder than the defendant, the later could not accede to the request of his mother to marry the plaintiff. Thus, there was no marriage. Since the defendant's parents were elderly , they wanted to get the assistance of plaintiff and so the later was living with defendant's parents,after whose death also, the plaintiff refused to leave the house of the defendant. The defendant has not married any lady by name Jamuna. The salary of the defendant is only Rs.700/- per month. Hence the suit is to be dismissed.