SURENDRA MALLIK Vs. D DEI

JUDGEMENT

(1.) Defendant is appellant against a decree for maintenance. Case of plaintiff is that she is legally married wife of defendant since 1964. They continued as husband and wife till July, 1970, during which period a daughter was born to them who died. In July, 1970, plaintiff went to her father's house to nourish her ailing father. On 15 -8 -1970 she wanted to come back to the house of the defendant to attend Sudhi ceremony but she was not allowed by the defendant. Plaintiff is all along ready and willing to go to the house of the defendant and to live with him but the defendant refuses and does not maintain her. Her ornaments which are with her husband were not allowed to be taken back. On times allegations, she claimed arrear maintenance for two years @ Rs. 70/ - per month amounting to Rs. 1,580/ - and future maintenance at that rate. Added to it she claims a sum of Rs. 4,000/ - towards cost of ornaments and articles.

(2.) DEFENDANT contented the suit. While admitting the marriage, he took the plea that plaintiff had illicit connection with one Lingaraj Malia and illegitimate child was born to plaintiff for which defendant is not willing to entertain the plaintiff in his house and plaintiff is also not willing to come tohis house. Plaintiff claims that he has no means to pay maintenance as his income is very meagre.

(3.) THEN this appeal was called for hearing, there was no appearance for the appellant although respondent is present, Learned Counsel engaged for the plaintiff is since dead during pendency of appeal and appellant has not engaged any other Counsel. This would lead to conclusion that plaintiff desired to make his submission personally which is not prohibited by law.