SOLOMON Vs. JAINI BAI

JUDGEMENT

(1.) The appellants are the defendants 1 and 2.

(2.) The first respondent (first plaintiff) Jaini Bai is the second wife of the first appellant Solomon. The second appellant (second defendant) Mary Mathia Mathelena is the first wife of the first appellant (first defendant) Solomon. Since the second appellant did not beget any child through the first appellant, the first appellant married the first respondent, the first plaintiff, as second wife on 15-1-1984. After the marriage, they lived together as husband and wife in the house of the first appellant. Out of their wedlock, Salomi, the second respondent (second defendant) was born on 11-2-1985. On the instigation made by the first defendant's (first appellant) sister, both the appellants/defendants deserted the respondents/plaintiffs and therefore, the respondents came and joined the parents. The first appellant is not maintaining the plaintiffs from 4-3-1985. In spite of repeated demands, the first defendant has not given any amount as maintenance. Hence, the second wife, on her behalf and on behalf of her minor daughter, filed the suit for maintenance.

(3.) The trial Court ultimately decided that the plaintiffs are entitled to the reliefs claimed by them, granting maintenance to both of them. Aggrieved by the Judgment and decree of the trial Court, the defendants 1 and 2 filed an appeal before the lower appellate Court, which in turn partly allowed the appeal, holding that the first plaintiff would not be entitled to maintenance, since her marriage with the first appellant, the first defendant, is null and void due to existence of the first marriage, but however held that the second plaintiff, the minor daughter, would be entitled to maintenance. Having not satisfied with the judgment and decree of the lower appellate Court, the defendants have preferred this second appeal.