MANGIPUDI LAKSHMINARAYANA Vs. MANGIPUDI VARALAXMI

JUDGEMENT

(1.) This is an appeal by the defendant in a suit for maintenance filed by his wife and children. For the sake of convenience, parties to these proceedings would hereinafter be referred to as they are arrayed in the trial Court.

(2.) The case of the plaintiffs is that the defendant who was having illicit intimacy with Venkataramani wife of Vittal Rao had by suppressing that fact, married the first plaintiff on 18-5-1973 at Srikakulam and begot plaintiffs 2 and 3 out of their wedlock on 10-6-1974 and 30-7-1977 respectively and had taken away the gold belonging to first plaintiff under the pretext of keeping it in Bank and did not return the same, and had neglected and refused to provide maintenance to them. Since defendant is earning Rs. 1,500/- per month as a Government employee, they are seeking past and future maintenance at the rate of Rs.300/- per month to the first plaintiff, and Rs.200/- per month to each of plaintiffs 2 and 3.

(3.) The case of the defendant, in brief, is that as he had married Venkataramani alias Jayashree on 22-12-1970 under the provisions of Special Marriage Act and begot a daughter and a son on 23-9-1972 and 19-11-1976 respectively, his marriage with the first plaintiff is not a valid marriage, and since first plaintiff developed illicit intimacy with his father and begot plaintiffs 2 and 3 through his father but not through him, plaintiffs are not entitled to any maintenance from him.