LALA SIRVI Vs. BHURIBAI

JUDGEMENT

(1.) THIS appeal by the defendant is directed against the judgment and decree dated 24.1.1984, passed by the Additional District Judge, Kukshi Distt. Dhar in Regular Civil Suit No. 3 -B of 1983.

(2.) RESPONDENT -plaintiff Bhuribai had filed a suit against appellant -defendant Lala for past and future maintenance. The past maintenance claimed was Rs. 7,200/ - for a period of three years and from the date of filing of the suit, future maintenance @ Rs. 200/ - were claimed. She claimed herself to be the wife of defendant -appellant, their marriage having taken place about 35 years before. She also alleged that the defendant appellant has married another lady by name Sundarbai and thereafter he started maltreating her and sometimes even used to beat her. She had therefore, been living away from him. She had been earning here livelihood with a good deal of difficulty by working as a labour as and when she could get any such employment. According to her defendant -appellant is a well -to -do agriculturist and has about 40 acres of irrigated land. This is besides the houses and the other property that he owns. According to her the income of defendant -appellant is about Rs. 25,000/ - per year and can well afford to pay the maintenance amount.

(3.) PLAINTIFF 's application for filing the suit as an indigent person was allowed by the Court below vide order dated 16.4.1983.