MEERA NIRESHWALIA Vs. SUKUMAR NIRESHWALIA

JUDGEMENT

(1.) These two appeals arise out of the same suit O. S. No. 67 of 1991 on the file of the Principal Family Court, Madras. The plaintiff-wife is the appellant in A.S. 800 of 1993 which has been filed by her as an indigent person. She also filed the said suit as an indigent person. The defendant-husband is the appellant in A. S. No. 841 of 1993.

(2.) . The said suit is for past maintenance for a period of three years prior to the date of the plaint, 1-4-1991 at the rate of Rs. 10,000/-per month, in all amounting to Rs. 3,60,000/ -and for future maintenance at the same rate, in all amounting to Rs. 1,20,000/-. The court below has granted a decree only at the rate of Rs. 1,000/- per month. In other words, the court below has granted a decree for Rs. 36,000/- for the abovesaid three years prior to the date of suit as against the claim of the plaintiff for a total sum of Rs. 3,60,000/- for the abovesaid three years. The Court below has also granted future maintenance at the same rate of Rs. 1,000/- from the date of the plaint till the lifetime of the plaintiff. With reference to the disallowed portion of the plaintiff's claim, A. S.800/93 has been filed by the plaintiff. On the other hand, the husband contending that the court below has erred in granting the decree for maintenance has preferred A. S. No. 841/93, praying for dismissal of the suit.

(3.) On the ground the defendant husband has deserted the plaintiff-wife, without any reasonable cause and neglected her wilfully the plaintiff made the abovesaid maintenance claim. But the court below held that there was no desertion of the wife by the husband and that the case would not come under S. 18(2)(a) of the Hindu Adoptions and Maintenance Act, 1956 Central Act 78/1956 (hereinafter referred to as the Act), which speaks about the abovesaid desertion read with S. 18(1) of the Act, but the case would come under S. 18(2)(g) of the Act which speaks about 'any other cause justifying her living separately' read with S. 18(1) of the Act. On that ground Court accepted the maintenance claim of the wife and granted the abovesaid decree.