MAHARAJA NADAR Vs. MUTHUKANI AMMAL

JUDGEMENT

(1.) This is a second appeal preferred against the judgment and decree dated 30-1-1979 of the learned II Additional Subordinate Judge, Tirunelveli, in A.S. No. 147 of 1978.

(2.) The defendant, Maharaja Nadar in the suit is the appellant herein.

(3.) The plaintiff, Muthukani Ammal filed the suit for maintenance. Her case is as follows :- The marriage of the plaintiff with the defendant was celebrated about 11 years prior to the institution of the suit, in the father's house of the plaintiff at Sivahthipuram, as per the caste custom and usage of the community to which they belong. Since the date of marriage, they lived happily as husband and wife. The defendant was often beating the plaintiff and was cruelly treating her and was driving her out of his house. In spite of it, the plaintiff was bearing all the cruel treatment of her husband and was living as dutiful wife. At one time, the plaintiff was charged with the commission of offence of theft. The defendant demanded the plaintiffs consent for the second marriage since they have no child. On her refusal, she was beaten and treated with cruelty. At last, the end of 1151 Andu, Adi month, the defendant beat the plaintiff and drive her from his house. He also threatened that in case she returned to his house, she would have to face dire consequences. The plaintiff apprehends that if she joins her husband, her life would be in danger. While so, in the month of Avani, the defendant married one Bommiammal, daughter of Manganatha Nadar as his second wife and they are living as husband and wife. The said marriage is invalid under law. While the marriage of the plaintiff and the defendant is subsisting, the defendant has no right to marry a second wife. Therefore, the defendant is bound to pay maintenance to the plaintiff. So notice was issued to the defendant. At the time of notice, the plaintiff was not aware of the income of the defendant. Therefore, she had claimed only a sum of Rs.100/- per mensem towards maintenance. Now the plaintiff learnt that the defendant is having three mike sets and is earning. He is also doing agricultural work and earning Rs.1,000/- per month. The defendant is also doing money lending business. Considering the status of the parties and also the present cost of living, the plaintiff is entitled to a sum of Rs.150/- per month towards her maintenance. The plaintiff is also entitled to past maintenance of Rs.400/- with a charge upon the schedule mentioned property from the defendant.