RAJESHWARI GUPTA AND ANR Vs. RAJ KUMAR PRASAD

JUDGEMENT

(1.) The plaintiff/appellant has filed this First Appeal against the judgment and decree dated 11.10.1991 by Sri Sheo Narain Mahto, Sub Judge-X, Patna in Title Suit No. 38 of 1990/9 of 1991 decreeing in part the plaintiff/appellant's suit.

(2.) The appellant filed the aforesaid Title Suit No. 38 of 1990/9 of 1991 praying therein for a declaration that the plaintiffs are entitled to get maintenance allowance at the rate of Rs. 600/- per month.

(3.) According to the appellants, the plaintiff/appellant No. 1 is legally wedded wife of the defendant/respondent and out of their wedlock; the plaintiff No. 2 was born in the month of Chaitra, 1985. Since last two years, the defendant/respondent is neglecting the plaintiffs/appellants and started drinking wine and on protest, he was assaulting them. The defendant also attempted to throw her out of the residential house but could not succeed. The further case is that the defendant was dismissed from his service and he is residing in the said house with the plaintiffs/appellants but is refusing to maintain plaintiffs. In Panchayati also, the defendant assured them to maintain but he is not maintaining them. The plaintiffs are helpless. On these facts, the plaintiffs' claimed that Rs. 600/- per month maintenance be allowed and the plaintiffs be allowed to sell the residential house of the defendant and realise the arrears amount of maintenance out of the sale proceed.