RAM ANCHAL Vs. SHASHI BALA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and decree dated 23.04.2013 passed by the learned Additional District Judge, Barnala, vide which the appeal preferred against the judgment and decree dated 27.09.2011, passed by the learned Addl. Civil Judge (Sr. Division), Barnala has been dismissed.

(2.) The plaintiff-respondent Shashi Bala has filed the suit for recovery of Rs. 1,80,000/- as arrears of maintenance for the last three years and for future maintenance at the rate of Rs.4500/- per month and also for creation of the first charge on 7/157 share of the land measuring 7K-17M, situated near Ramgaria Gurudwara, Barnala and insurance policy having maturity value of Rs. 1, 18,000/-.

(3.) As per the case of the plaintiff-respondent, she was married with the appellant-defendant about 18-19 years back at Rampur Phool according to Hindu rites and ceremonies. Earlier, she was married to one Harbans Lal with whom she got divorce by way of mutual consent. Defendant was also married prior to that. However, his wife has passed away. He had two children from his previous marriage. It is further pleaded that after the marriage, the plaintiff started residing with defendant as his legally wedded wife at Barnala and gave birth to a male child namely Manoj Kumar from the wedlock. With the passage of time, the children from the previous marriage of the defendant grew up and they started instigating the defendant against the plaintiff as well as her sons. The defendant stopped giving any money to the plaintiff out of salary to meet out their domestic expenses. Ultimately, when behavior of the defendant become intolerable, the plaintiff have to leave the matrimonial house to take shelter in the house of her maternal uncle Prem Nath at Mansa. It is further pleaded that she has no source of income or movable or immovable property from which she could earn the livelihood. Whereas, defendant was employed as Lineman in the Punjab State Electricity Board and was getting the salary at the rate of Rs. 14,000/- per month. Plaintiff also remains ill. So, she has claimed the maintenance at the rate of 1/ 3rd of the salary of the defendant.