BHAVANI Vs. SEKAR ALIAS RAJASEKARAN

JUDGEMENT

(1.) THIS Second Appeal arises out of the Judgment and Decree dated 19. 08. 1994 of the learned District Judge, Pudukottai in A. S. No. 23 of 1989, reversing the Judgment and Decree dated 16. 03. 1988 of the District munsif, Pudukottai in O. S. No. 574 of 1983. The unsuccessful First Plaintiff is the Appellant.

(2.) O. S. No. 574 of 1983:- Case of the First Plaintiff is that the Defendant married her in the year 1972. The Second Plaintiff was born to the First Plaintiff and the Defendant in the year 1973. The Defendant neglected the First Plaintiff after the birth of the Second Plaintiff. The defendant had also kept a concubine in the same house where the Plaintiff resided. The Defendant is alleged to have treated the First Plaintiff cruelly and had driven the First Plaintiff from the matrimonial house on 15. 03. 1982 at krishnagiri. The Defendant is employed in Survey Department as the Survey inspector. The Defendant is living with another Woman. The Plaintiffs are unable to maintain themselves. Hence, the Plaintiffs have filed the Suit for maintenance claiming Past Maintenance of Rs. 5400/- and Future Maintenance at the rate of Rs. 150/- per month.

(3.) AGGRIEVED over the Judgment and Decree of the First appellate Court, the First Plaintiff has preferred this Second Appeal. The second Plaintiff is arrayed as the Second Respondent. The Second Appeal is admitted on the following substantial question of law: "is the learned District Judge right in dismissing the Suit for maintenance when the documents as well as other evidence produced by the Appellant were categorically established her marriage with the respondent?"