JEHAR SINGH Vs. NIAS PATI

JUDGEMENT

(1.) The present appeal is maintained by the appellant -defendant, Jehar Singh, (hereinafter called 'the defendant'), against the judgment and decree passed by the learned Trial Court in favour of the respondent -plaintiff (hereinafter called 'the plaintiff') and affirmed by the learned Lower Appellate Court, granting the maintenance to the tune of Rs. 1200/ - per month to the plaintiff.

(2.) Briefly stating the facts giving rise to the present appeal are that the plaintiff maintained a suit for maintenance against the defendant contending that plaintiff is wife of defendant and the parties are Hindu and are governed by Hindu Law. The defendant is continuously neglecting the plaintiff and is not maintaining her. The defendant in the year, 1987, instituted a Civil Suit against the plaintiff disputing the relationship of husband and wife inter se the parties. The said suit was dismissed by the then Sub Judge, Court No. 2, Rohru, vide judgment and decree dated 29.11.1994. The defendant filed appeal, assailing the decree dated 29.11.1994 but the same was also dismissed. The relationship of husband and wife inter -se the parties stood fully established. The status of the plaintiff is that of legally wedded wife of defendant. The defendant has totally refused to provide maintenance allowance, amenities and necessities of life to the plaintiff even after disposal of the said suit. The plaintiff is having no source of income. The defendant is a Government employee and is getting salary more than Rs. 10,000/ - per month besides the income from other sources. The plaintiff required Rs. 5,000/ - per month for maintenance. So the plaintiff has filed the suit for grant of maintenance at the rate of Rs. 1200/ - per month including the arrears of maintenance of Rs. 43,200/ - for the period from 14.9.1998 to 13.9.2001.

(3.) The defendant contested the suit on maintainability, cause of action, locus standi and denied the relationship of husband and wife inter -se the parties. As per defendant, he is having wife Smt. Pingla Devi for the last twelve years and prior to that, Smt. Jagmani from Kinnaur, was his wife and prior to her Smt. Bhajan Devi, R/o of Rohal, was his wife. The defendant at no point of time married or kept the plaintiff, as his wife. The defendant along with Dalip Singh his real brothers is living in Hindu joint family. The plaintiff is wife of Dalip Singh and out of this wedlock, two sons Balwant and Jeevan, are alive. The plaintiff is living with Dalip Singh as his wife. The son of the plaintiff was resident of Gram panchayat Rohal and is also sitting President and husband of the plaintiff was Secretary, Gram Panchayat Rohal. The defendant is issueless and was serving in Ayurvedic Department from where he was retired. The plaintiff to grab the benefits of defendant has filed the sale suit. Dalip Singh and defendant are from different mother.