VISHNUVAJHULA VENKATA Vs. SUBRAHMANYAM

JUDGEMENT

(1.) This second appeal has been filed against a confirming Judgment of the learned subordinate Judge, Bhimavaram.

(2.) In O.S. No. 193 of 1975 the mother sued her husband and her four sons for her maintenance past and future. The plaintiff mother claimed a decree for Rs. 4, 800.00 towards arrears of maintenance for the years 1972-73 and 1973-74. She claimed maintenance at the rate of Rs. 200.00 per month, and for future maintenance at the same rate and for creating a charge over plaint 'B' and 0C' scheduled properties.

(3.) A few months after the suit was filed, the first Defendant who was her husband died. Thereafter the suit was proceeded against the four sons. The case of the Plaintiff was that her husband had developed hatred towards her and that he had ill-treated her. She alleged that there was deeper estrangement during the past six years between herself and her husband. She also alleged that during her life time, he used to beat her and abuse her and that on one occasion he even tied her hands and legs with ropes to an electric light pole at Martur and that on another occasion he had driven her out of the house. From that time onwards the Plaintiff-mother had been living along with her second and third daughters. After all a daughter is daughter all through her life, while a son is a son only until he gets another one. The suit was resisted only by the second defendant-son who filed a written statement. The other defendants sons remained ex-parte. The 2nd defendant-son is a Deputy Collector in the State Government. He denied that his mother was ill-treated by his father. He even asserted that there were absolutely no quarrels between his father and mother. He pleaded that his father never ill-treated the mother and that it was his mother that deserted the father.