J. HENRY SURESH DAVID Vs. USHA MARTILDA

JUDGEMENT

(1.) The appellant herein is the respondent and respondent herein is the petitioner before the lower Court in I.A.No. 22 of 1988 in 1.D.D.P.No. 100 of 1987.

(2.) The respondent herein, who is the petitioner before the lower court filed a petition in I.A.No. 22 of 1988 in I.D.D.P.No. 100 of 1987 under Sec. 36 of the Indian Divorce Act claiming a sum of Rs. 2,000 per month towards interim alimony pendente life from the appellant/respondent. According to the petitioner, she is the wife of the respondent. Their marriage took place on 19.6.1985 at the C.S.I. Home Church, Nagercoil. On 1.8.1986 the respondent took her from Nagercoil to Trivandrum and left her in her parents house. Thereafter he did not return to her nor did he take her. Presently the respondent has filed the application seeking divorce alleging that the petitioner is a lunatic or a person having an unsound mind. It is not true to say so. She has no income or source of income to maintain herself. The respondent is getting an income of not less than Rs. 20,000 per month and he is employed as a Doctor in Libya. He is having bank accounts with huge amounts to his credit. He has got extensive immovable properties yielding substantial income. The respondent/petitioner requires an amount of Rs. 2,200 per month to lead a life in keeping with the status of her husband. Besides she required money to defend herself in the proceedings. She is not suffering from any mental sickness and she is perfectly all right. Hence, the petition.

(3.) The appellant herein, who is the respondent before the lower court filed a counter -statement raising the following contentions: The petitioner is a chronic schizophreni patient even before 1981. As such she has to be represented by a guardian ad litem. The marriage has been brought by fraud and deceit. She is not fit for conjugal life. She has got properties given to her as sreedhana gift. The contract of the respondent with Liyan Government expired on 17.7.1988. He has no huge amounts at the bank. He has only Rs. 15,000 and odd at Indian Overseas Bank, Vettoorni madam branch. The claim for Rs. 2,000 per month is fantastic Mental Infirmity being disputed, the matter has to be adjudicated first. This petition for interim alimony cannot be considered before that is done. Even if alimony is payable, it cannot exceed Rs. 300 per month. His employment is Libya was extended for a further period of one year from 19.7.1988. However he resigned the job and left Libya on 31.12.1988. Presently he has no job. With a view to better his prospects he wants to join post -graduate course at Madras. The petitioner is under the care and protection of her parents and grand parents. They are well employed in Trivandrum. She is the only daughter of her parents. She has got valuable jewellery.