KOMAL SINGH BHAGWAN SINGH Vs. KAPURI BAI

JUDGEMENT

(1.) DEFENDANT has preferred this appeal under section 96 of the Code of Civil Procedure, being aggrieved by the judgment and decree dated 22-11-1994 passed by the Additional District Judge, Sagar in Civil Suit No. 6-B of 1993, whereby the suit filed by the wife for grant of maintenance under the provisions of the Hindu Adoption and Maintenance Act, 1956 has been decreed.

(2.) ACCORDING to the plaintiff marriage took place between the parties according to Hindu rites about 33 years before the date of institution of the suit. After 2-3 years of the marriage the ceremony of Chouk was performed and she visited the house of the defendant for about 2-3 years thereafter. According to the plaintiff, defendant, his mother and other family relations started harassing the plaintiff and did not give her food. It has been further averred by the plaintiff that the jewellery given to her at the time of marriage was retained by the defendant. In the year 1974, she got sick and was pregnant and she was taken to her matrimonial home where she gave birth to a daughter. However, during her stay at matrimonial home she was treated with cruelty. According to the plaintiff in April 1975, plaintiff's father brought her to her parents place but thereafter neither the defendant nor his family member ever took her to her matrimonial home and defendant has married another lady. It has been further averred by the plaintiff that for a long period she was dependent upon her father and wages earned by her by working, but because of fracture of her left hand and old age she is unable to earn her livelihood. It has been averred by the plaintiff that the defendant is a member of a joint family possession 100 acres of land and has two tractors and their standard of living is high. Plaintiff gave a notice to the defendant on which the defendant replied that he is prepared to keep the plaintiff and further stated that the divorce has taken place in the form of CHHOD CHHUTTI, although according to her no such divorce has taken place. On the basis of the aforesaid averment plaintiff prayed for grant of maintenance at the rate of Rs. 1,000/- per month.

(3.) DEFENDANT in the written-statement has not denied the allegation of marriage but has stated that in the month of April, 1975 plaintiff's father took her to his place and thereafter did not come to the matrimonial home. Defendant has further denied the allegation of harassment and retention of the jewellery of the plaintiff given at the time of marriage. It has been further stated in the written-statement that defendant and his relation always went to bring the plaintiff to her matrimonial home, but they were being abused by the plaintiff's father and were asked to go back by him stating that they had sufficient land to maintain the plaintiff. It has been further stated that the plaintiff filed an application under section 125 of the Code of Criminal Procedure and by order dated 26-12-1991 the claim of the plaintiff for her maintenance and that of her daughter was rejected. On the basis of the aforesaid assertion the defendant denied his liability to pay maintenance to the plaintiff. Additional District Judge, Khurai (Sagar) by judgment and decree dated 22-11-1994 passed in Civil Suit No. 6-B of 1993 decreed the plaintiff's suit and held that the plaintiff is entitled for maintenance at the rate of Rs. 800/- per month from 8-1-1992 i. e. from the date of filing the suit. Aggrieved by the same, defendant husband has filed this appeal under section 96, Civil Procedure Code.