VIJAYAPANDIAN Vs. PAPPA

JUDGEMENT

(1.) THE defendant in O.S.No.18 of 1997 on the file of the Family Court, Madurai is the appellant.

(2.) THE respondent is the wife of the appellant. THE respondent filed a suit in O.S.No.18 of 1997 claiming maintenance at the rate of Rs.2000/- per month and the learned Judge ordered maintenance at the rate of Rs.1000/- per month. Aggrieved by the same, the appellant/husband filed this appeal.

(3.) THE appellant admitted the marriage and contested that the order passed by the learned Judicial Magistrate has become final and it operates as res judicata. Further, the respondent/ plaintiff filed H.M.O.P No. 251 of 1994 on the file of the Family Court under Section 25 of the Hindu Marriage Act for payment of enhanced maintenance and that was dismissed and hence the present suit is not maintainable. He further contended that his gross salary is only Rs.9450/- per month and after deduction he is getting Rs. 4035/- only and with that amount he has to maintain his second wife and children born through her and he has also denied the income from the other sources. He has also pleaded that the marriage between him and the plaintiff has been dissolved.