SAINARAIN V J Vs. PADMINI

JUDGEMENT

(1.) This appeal by the husband is directed against the judgment and order dt. 28-8-1981 passed by the Principal City Civil and Sessions Judge, Bangalore City, in M. C. No. 38 of 1980 on his file, awarding Rs. 400 per month to the wife from the date of the decre? of divorce as Alimony from the husband.

(2.) There has been dissolution of marriage by a decree of divorce between the parties in this proceeding on 2-8-1979 . and thereafter the wife instituted the present petition for alimony against her husband claiming Rs. 600 per month towards alimony. She averred that the husband was getting Rs. 3,000 by way of rent per month and that the amount claimed by her is necessary for her maintenance in these hard days. The husband resisted the petition. According to him, he was not getting that much of rent from buildings. He was living with his mother and he shared the rental income with his mother, besides, his wife was having a car which she was using as a taxi, she was also earning by way of giving tution and therefore he submitted that her petition for alimony should be dismissed. He also raised objection in regard to her conduct in not obtaining restitution of conjugal rights.

(3.) During hearing, the wife examined herself and so also the husband. The trial Court appreciating the evidence on record held that the evidence on record proved that the husband was getting Rs. 2,800 rental per month and in that view taking into consideration all the aspects, awarded Rs. 400 per month towards alimony. Aggrieved by the said judgment and order, the husband has instituted the above appeal before this Court.