KUNA PARVATHI Vs. KUNA YERRAYYA

JUDGEMENT

(1.) The second appeal is filed against the judgment of the learned Additional Senior Civil Judge, Srikakulam, dated 28-4-2004, in A.S.No. 221 of 2003, through which he reversed the judgment and decree, dated 18-8-1999 in O.S. No. 87 of 1997, on the file of the Court of Principal Junior Civil Judge, Srikakulam.

(2.) The appellant herein filed the suit against the respondent for maintenance. She pleaded that the respondent is her husband and that their marriage took place in the year 1962. According to her, the respondent married another woman in the year 1979 and started neglecting her. The appellant filed M.C.No. 17 of 1981, in the Court of the Judicial Magistrate of First Class, Srikakulam, under Section 125 Cr.P.C., claiming maintenance. The same is said to have been compromised between the parties, and the respondent agreed to pay maintenance at the rate of Rs. 130/-per month. The same is said to have been enhanced thereafter. She also pleaded that the amount awarded in the M.C. is not sufficient to maintain herself. She pleaded that the respondent is drawing salary at the rate of Rs. 5,000/- per month and having Ac.5-00 of wet land, apart from other movable properties. She ultimately claimed maintenance at the rate of Rs. 2,000/- per month.

(3.) In the written statement, the respondent pleaded that he did not marry the appellant at all. According to him, he did not marry any other lady except K. Veeramma. He stated that M.C. No. 17 of 1981, on the file of the Judicial Magistrate of First Class, Srikakulam, was compromised with a view to avoid complications, and the order passed therein is not binding upon him.