MOHINDER SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) THIS is defendant's regular first appeal against the judgment and decree of Sub Judge I Class dated 29. 1. 1979 whereby suit filed by the plaintiffs claiming maintenance on the ground that the defendant deserted the plaintiffs.

(2.) THE plaintiffs filed suit in forma pauperis on 23. 5. 1973 seeking declaration to the effect that they are entitled to grant of maintenance at the rate of Rs. 300/- per month from the defendant and also for recovery of Rs. 2. 400/-as arrears of maintenance from October, 1972 to April 1973 at the same rate. The plaintiff was allowed to sue the suit in forma pauperis and the same was registered vide order dated. 22. 7. 1977. As per averments made in the plaint, plaintiff No. 1 Shnmati Surjit Kaur averred that she married Mohinder Singh defendant about 15 years back. Three daughters and a son were born. Out of these two daughters have already died thus leaving one son and a daughter plaintiff Nos. 2 and 3 who are living with her. It is further case of the plaintiffs that the defendant started maltreating her as he married second, time and so turned her and the plaintiffs No. 2 and 3 from his house. The plaintiff made an attempt through the intervention of the members of the panchayat for an amicable settlement but the same did not yield any fruit and hence this suit.

(3.) DEFENDANT in his written statement denied the factum of marriage as set up by plaintiff No. 1. Defendant also denied that plaintiff Nos. 2 and 3 are his son and daughter from Shrimati Surjit Kaur, plaintiff No. 1.