DIBAKAR BEHRA Vs. PADMABATI BEHRA

JUDGEMENT

(1.) THIS is a defendant's appeal against the judgment and decree of learned District Judge, Koraput in MAT Appeal no. 1 of 2004 confirming the judgment and decree passed by the learned Civil Judge (Senior Division), Koraput in O. S. No. 19 of 2002.

(2.) THE present respondents, as plaintiffs, filed the above noted suit asking for maintenance of Rs. 5,000/- from the present appellant No. 1 on the ground that they are the wife and daughter of appellant No. 1 and that appellant No. 1 neglected to maintain them and treated them with cruelty. Defendant no. 1 in his written statement denied any relationship with the plaintiffs and further pleaded that the present appellant No. 2 is his legally married wife whom he married in the year 1977. He thus denied his liability to pay maintenance to the plaintiff-respondents. Learned trial Court framed six issues, accepted evidence from the parties and on consideration of the same held that the plaintiff No. 1 is not the legally married wife of defendant No. 1 and therefore, she is not entitled to maintenance. The Court further held that the plaintiff No. 2 is the illegitimate child of defendant No. 1 and awarded maintenance of Rs. 2,000/- per month in favour of plaintiff No. 2. Defendants filed appeal against that judgment, but learned appellate Court confirmed the trial court's judgment and decree. Therefore, the present appeal has been preferred.

(3.) THE following substantial question of law was formulated for consideration in this appeal.