ANANTHA PADMANABHAN ALIAS BALU Vs. SASSICALA

JUDGEMENT

(1.) THE aforesaid appeal has been filed by the defendant / husband challenging the decision of the Judge, Family Court, in O.S.No.233 of 2002 (O.P.No.217 of 2001), whereunder the trial court had directed the present appellant to pay a sum of Rs.800/- as maintenance to each of the plaintiffs / respondents, who are admittedly the wife and minor son of the present appellant.

(2.) SUCH proceedings for claiming maintenance was filed under Section 18 of the Hindu Adoption and Maintenance Act by the respondents / plaintiffs claiming a sum of Rs.2000/- per month as maintenance to each of the plaintiff and further claiming a sum of Rs.1,56,000/- towards arrear maintenance from 20.6.1997 till 20.9.2001. The trial court has partly allowed such claim by directing payment of Rs.800/- as monthly maintenance to each of the plaintiff and by rejecting the claim regarding payment of arrear maintenance. The appeal has been filed by the defendant / husband. However, no cross objection has been filed by the plaintiffs / respondents.

(3.) EVEN though such elaborate pleadings have been filed, at the time when the matter was taken up, the defendant / husband remained absent. A proof affidavit was filed and two documents regarding proof of the marriage and birth of the second plaintiff were also filed.