KARNAM HANUMAYYAMMA Vs. KARNAM RAMA KRISHNAMMA

JUDGEMENT

(1.) This is an appeal against the judgment of Umamaheswaram, J., awarding a decree to the respondent for past maintenance frcm 1947 and future maintenance, at the rate of Rs. 100 per month. In respect of the past maintenance no interest was allowed, but for future maintenance 6 per cent, interest was awarded. The respondent was awarded costs against the appellant in so far as her claim was allowed and she was asked to pay the Government Court-fee due in respect of the disallowed portion of her maintenance.

(2.) One K. Seetaramayya, the defendant in the suit, married three wives. The plaintiff was his first wife. His second wife, Anubayamma has a daugher, Lakshmi Devi, in whose favour he made a registered Will executed on and January, 1963. His third wife Rangalakshmamma, died on 19th November, 1950. The defendant Seetaramayya died during the pendency of the Letters Patent Appeal and his second wife and daughter have been brought on record as his L.Rs. The plaintiff filed the suit against her husband on i8th April, 1954, for past maintenance for 12 years and also future maintenance, at the rate of Rs. 100 per month, with the following allegations :-Seetaramayya married the plaintiff 24. years before and she had lived with him for some time. Thereafter the defendant used to harass her in many ways and subsequently married Anubayamma as his second wife and drove out the plaintiff about 18 years back, taking her jewellery forcibly. Thereafter, he again married a third woman, by name Rangalakshmamma.

(3.) Even though there Wasa Panthayat which decided that the defendant should live with the plaintiff, the defendant did not agree and deserted her and did not even provide fur her maintenance in spite of the panchayat asking him to do so. It was further alleged that the defendant has an income of Rs. 10,000 a year and, considering the status of the family, the plaintiff asked for maintenance at the rate of Rs. i oo per month with arrears for the past 12 years at the same rate.