PREM CHAND Vs. PREMI DEVI

JUDGEMENT

(1.) THIS is the defendants appeal against the judgment and decree of the learned Additional District Judge, Solan, decreeing the suit of the plaintiff granting maintenance at the rate of Rs. 1000/ - per month to the plaintiff, respondent herein.

(2.) THE respondent approached the trial Court as an indigent person on the allegation that she is the legally wedded wife of the defendant, appellant herein and the marriage between the parties having been solemnized about 35 to 36 years prior to the institution of the suit. Out of this wedlock the parties have four children; one daughter and one son are married while other two sons are still unmarried. She pleaded that the appellant herein settled in Tehsil Nalagarh, where he is carrying on his avocation of agriculture as also the employment in Irrigation and Public Health Department, where, he was at the relevant point of time, earning Rs. 4000/ - per month. She contended that she has been neglected and the defendant was keeping a mistress in his house. On 21.4.1996 one document was got signed from her, she was beaten up and turned out of the house. She pleads that in these circumstances, and in her condition of indigency, she has nothing to fall back upon and that she may be awarded maintenance in terms of the Hindu Adoptions and Maintenance Act, 1956, (hereinafter referred to as the ˜Act).

(3.) I have heard learned Counsel appearing for the parties and have gone through the record.