DEVAKI Vs. GOVINDARAJA BOOPATHY

JUDGEMENT

(1.) THIS appeal has been preferred against the decree and Judgment dated 27.9.1989 in O.S.No.81 of 1987 on the file of Sub Court,Tindivanam.

(2.) THE short facts of the case of the plaintiff are as follows: THE plaintiff is the wife of the first defendant. THEy have been blessed with one daughter and was given in marriage and she was living in Gingee. THE first defendant is indulged in immoral activities of having concubine and illicit intimacy with women. Now for the past eight years, the first defendant had completely neglected and deserted the plaintiff and now living with the help of her daughter. THE first defendant has not taken any care in the plaintiff for the past eight years from 1978 and he is being instigated to be so by his brother's son Kothanda Boopathy. THE plaintiff is now at the mercy of her son-in-law, even for a square meal. Now the plaintiff has also developed strained relationship with her daughter. THE first defendant deliberately sent the plaintiff out of the house and did not care even to protect and give basic amenities. THE first defendant is making an attempt to alienate the properties. THE properties more fully described in the plaint schedule are his self acquired properties of the first defendant. THE first defendant is getting good income from those properties. THE first defendant is getting an annual income of more than Rs.40,000/- from his lands. Considering the status and income, the plaintiff is entitled to maintenance of Rs.1000/- per mensum, besides, the past and future maintenance. THE plaintiff is claiming past maintenance for three years at the rate of Rs.1,000/- per mensum and claim Rs.36,000/- and Rs.1,000/- per mensum for future maintenance. Hence the suit.

(3.) IN fine, this appeal is dismissed, confirming the decree and judgment in O.S.No.81 of 1987 on the file of Sub Court, Tindivanam. Taking into consideration of the close relationship of the parties, there is no order as to costs.