ROHINI PRASAD Vs. SUSHILA BAI

JUDGEMENT

(1.) THIS appeal is filed by the main contesting defendant against the judgment and decree of the trial Court passing decree for maintenance in favour of respondents Nos. 1 and 2 at the rate of Rs. 200/-p. m. from the date of suit.

(2.) RESPONDENTS No. 1 and 2 filed the suit on 17-10-1973 claiming maintenance of Rs. 34,750/on the allegations that respondent No. 1 is the legally married wife of the appellant and through their wedlock respondent No. 2 was born. Since the appellant neglected to maintain, she for herself and as guardian of the minor son filed the suit claiming maintenance.

(3.) THE suit was contested by the appellant. During the pendency of the suit, the trial Court fixed interim maintenance at the rate of Rs. 100/-per month by order dated 3-9-1985 to both the respondents. Since who appellant failed to pay that amount, the learned trial Court, by order dated 19-3-1986, struck off the defence and adjourned the suit for evidence of both the parties to 4-4-1986. On this date, the plaintiffs alone appeared. The defendants did not appear and their advocate reported no instructions Therefore, the learned trial Court proceeded ex parte against the defendants.