A BHAGAVATHI AMMAL Vs. SETHU

JUDGEMENT

(1.) This is an appeal filed by the plaintiffs Nos. 1 to 4 against the judgement and decree dated 25-6-1979 in O.S. No. 2 of 1978 on the file of the Court of the learned Subordinate Judge, Nagercoil, decreeing the suit in favour of the plaintiffs which was filed in forma pauperis for maintenance against the defendant/respondent herein in the following terms :-

(2.) The case of the plaintiffs/appellants herein is that the first plaintiff A.Bhagavathi Ammal is the wife of the defendant! respondent herein viz., Sethu alias Monikavasagom Pillai. The second plaintiff/appellant B. Chidambaravadivoo alias Latha is the daughter and minor plaintiffs 3 and 4/appellants - M. Sivasubramania Pillai and M. Neelakanta Pillai are the sons of the first plaintiff/appellant and defendant/respondent herein. The second plaintiff/appellant Chidambaravadivoo alias Latha is unmarried. The first plaintiff/appellant and the defendant/respondent have two other major sons - Ramaswamy Pillai and Muthukrishna Pillai. The first plaintiff/appellant and the defendant/respondent have another daughter and she has been given in marriage. Since 10 years from the date of the institution of the suit, the defendant/respondent is having another woman in his house and through her the defendant/respondent has given birth to three children. The first plaintiff/appellant and her children were also living separately in the defendant/respondent's house. The defendant/respondent did not properly maintain the plaintiffs/appellants. The plaintiffs/appellants were maintaining themselves by hard work and also by the earnings of the two major sons. Then, on 10-2-1977 the defendant/respondent drove the plaintiff/appellants out of the house without any justification. The defendant/respondent owns the plaint properties which are worth more than Rs. 2,00,000/-. The plaintiffs/appellants are entitled to maintenance at the rate of Rs. 600/- (Rs. 150/- for food, and dress for each) per month, and further Rs. 7,500/- for jewels for the second plaintiff/appellant and Rs. 5,000/- for her marriage expenses. The defendant/respondent should also allot a house to the plaintiffs/appellants for their residence. A charge over the plaint properties may also be created for the due payment of the maintenance amount to the plaintiffs/appellants.

(3.) The defendant/respondent herein filed a written statement, inter alia, contending that it is true that the first plaintiff/appellant is the wife of the defendant/respondent and the other plaintiffs 2 to 4/appellants are their children. The eldest daughter Muthulakshmi was given in marriage on 28-11-1971 and she is now having two children. The major sons - Ramaswami Pillai and Muthukrishna Pillai are earning members. Since the first plaintiff/appellant was not well, the defendant/respondent was forced to marry one Chithambaravadivoo alias Vasantha on 23-1-1967. The defendant/respondent has four children through the second wife and the plaintiffs/appellants were living happily. Only the defendant/respondent has maintained the plaintiffs/appellants till they left. The major sons of the defendant/respondent created troubles in the family, and only those two sons have caused the first plaintiff/appellant to go out of the house without the consent and knowledge of the defendant/respondent and during the defendant/respondent's absence on 10-2-1977. Only the plaintiffs/appellants have deserted the defendant/respondent. Items 1 to 4 in the plaint schedule do not belong to the defendant/respondent, and they are the absolute properties of Chidambaravadivoo who is the paternal aunt of this defendant/respondent. Chidambaravadivoo executed a will in favour of the defendant/respondent in the years 1966. Subsequently, on 28-1-1976 the Will was cancelled. Hence the defendant/respondent has no interest in those items. Items 5 to 7 belong to the defendant/respondent. The total extent of items 5 to 7 is 42 cents. It is double crop paddy land. Items 8 to 11 also belong to the defendant/respondent. The defendant! respondent got Items 8 to 11 by a gift deed executed by one Manickavasagam Pillai and his wife Seethalakshmy. The gift deed was executed on 4-2-1954. Item No. 10 is 3 cents of house site with a building. Item No. 8 is 36 cents of paddy land. Items 9 and 11 are one acre of paddy lands. This defendant is getting 14 kottahs of paddy as income from items 5 to 7, 8, 9 and 11 having a total extent of one acre and 98 cents. The defendant/respondent has debts to the tune of Rs. 10,000/-, and it is outstanding as a loan to the Co-operative Society at Oottuvazhmadam. There are also other debts incurred by the defendant/respondent. The defendant/respondent has incurred the debts for maintaining the family and to meet the family expenses. The plaintiffs/appellants are not entitled to pay maintenance. The maintenance claimed is also very high. The second plaintiff /appellant is not entitled to Rs. 12,500/- for marriage expenses. Even now the defendant/respondent is prepared to maintain the plaintiffs/appellants. The plaintiffs/appellants are not entitled to a charge over the plaint properties. The defendant/respondent is now working from 23-12-1977; but he has not yet got his pay. The suit is liable to be dismissed with costs.