PERUMAYEE ANIMAL Vs. VARADHAPPA GOUNDAR

JUDGEMENT

(1.) THE plaintiff is the appellant. She filed suit O.S. No. 1469/79 before the District Munsif Court, Rasipuram, as an indigent person claiming maintenance in a sum of Rs. 250/- per month and Rs. 20/- per month towards house rent against her husband, the respondent herein, and for a charge over the "A" Schedule property for the realisation of the maintenance amount and for costs.

(2.) HER case in the plaint was as follows: She was married to the respondent about 24 years prior to the suit and a female child was born to them, who was aged about 19 or 20 years at the time of the filing of the suit. About one year prior to the filing of the suit, the respondent neglected the appellant, treated her cruelly by beating her severely and drove her out of the house by stating that if she entered the house, she would be done away with and that her legs and hands would be removed. In spite of mediation, the respondent refused to take her back and live with her and hence the suit had to be filed. The respondent owned 1-1/2 acres of Nanja and 4-1/2 acres of Punja lands worth about Rs. 25,000/- and he had been getting a net income of Rs. 10,000/-per year from agriculture.

(3.) MR. R. Subramaniam, learned counsel for the appellant, submitted that the appellant had established that the respondent had treated her with such cruelty as to cause a responsible apprehension in her mind that it would he harmful and injurious to live with him and therefore she was entitled to live separately from the respondent without forfeiting her claim to maintenance. The learned Counsel also submitted that the appellant had enumerated the acts of cruelties and had complained to the police and that the respondent had also admitted his driving her out. In any event, according to the learned counsel, she would be entitled to maintenance even assuming without conceding that she was staying away from her husband without just and reasonable cause.