R.Banumathi - (1.)APPELLANTS, who are wife and son of the Respondent, have filed Appeal in A.S. No.547 of 2005 against the Judgment and decree dated 1.10.2004 made in O.S. No.12 of 1999, whereby the Family Court declined to order maintenance. C.M.A. No.960 of 2005 has been filed by the wife against the Judgment and decree dated 1.10.2004 made in H.M.O.P. No.410 of1999, where by the Family Court, Coimbatore has allowed the petition for divorce filed by the husband/Respondent on the ground of adultery and cruelty.
(2.)THE Suit O.S.No.12 of 1999 was filed by the 1st Appellant/wife and her son claiming maintenance of Rs.1,500/- per month to herself and Rs.1,350/- to the son till he attains majority and for creation of charge over the suit schedule property viz., 2400 sq.ft or 5 cents and 222 sq.ft. i.e., house site and a house building thereon bearing Door No.10/11 and New No.10/77 in S.F.No.209 of Kuniamuthur, Coimbatore Taluk for enforcing the maintenance decree. Case of Appellants is that the marriage between the 1st Appellant and the Respondent was solemnised on 20.1.1976 at Palani, Sri Palaniandavar temple as per Hindu rites and customs. After the marriage the 1st Appellant and Respondent started their marital life at Karur, Servaikkaranpatti village. Out of the wedlock, a female child by name Rohini was born on 15.2.1978 and a male child " 2nd Appellant was born on 9.10.1984. THE martial life between the 1st Appellant and Respondent was smooth going until the family shifted to Coimbatore in 1986. As the Respondent was owner-cum-driver of a tanker lorry, he used to visit the family once in a week or twice and keep the family in good health and humour. In the year 1994, family purchased a house plot. According to 1st Appellant, she handed over her jewels given to her at the time of her marriage for purchase of house plot. With the sale proceeds of the said jewels along with contributions made by the Respondent, the suit schedule property was purchased as a vacant site in the name of Respondent by registered Sale Deed dated 31.3.1994. THE house in the suit schedule property was built with joint contributions made by 1st Appellant and Respondent and the family was living there. In December 1995, Respondent, without any justifiable cause developed misunderstanding, and left the Appellants and another daughter Rohini and had not taken care of their food, shelter and education. Since 1995, Respondent never came to suit schedule property to see and take care of his family and he settled at Madras. THE efforts of Appellants to bring the Respondent to matrimonial home went in vain. THE 1st Appellant was looking out for coolie job and maintaining the family. With great hardship out of saved money and contributions from her parents side, the 1st Appellant performed marriage of her daughter with one Vasu of Sundarapuram and purposely Respondent avoided to attend the marriage. Due to harassment and mental sufferings of Respondent, the 1st Appellant is bed ridden and does not have any source of income. She is striving hard to meet the day to day basic needs. THE 2nd Appellant has now joined in VIII Standard and the 1st Appellant has to borrow amounts so as to educate, provide food and clothing to the 2nd Appellant.
The further case of Appellants is that Respondent, being owner of tanker lorry, is earning Rs.15,000/- per month and purposely deserted the Appellants. Subsequently, 1st Appellant came to know that the Respondent is living in adultery with one Rajakumari @ Mary Rajam at Chennai through Arumugam Pillai and others of Karur and Rajendran. The Appellants resisted their action by filing Suit for permanent injunction against them in O.S.No.79 of 1998 on the file of Vacation Civil Judge, Coimbatore, which was re-numbered as O.S.No.939 of 1998 on the file of District Munsif's Court, Coimbatore. As the Respondent deserted Appellants and making attempts to dispose off the suit schedule property, the Appellants filed the present Suit claiming maintenance of Rs.1,500/- for wife and Rs.1,350/- for son till he attains majority.

Respondent filed Written Statement denying the plaint averments inter alia contending that the suit property was purchased as his self-acquisition by virtue of registered Sale Deed dated 31.3.1994 as a vacant site and constructed the house by spending his own money. Respondent averred that because of 1st Appellant's attitude of lodging false Complaint thereby showing unwillingness to join with the Respondent, the Respondent had not taken any action against the 1st Appellant through Court of law of through Police. According to the Respondent, he has been waiting with a found hope that the 1st Appellant may change her bad activities, but in vain. According to the Respondent, since the 1st Appellant has deserted him and refused to live with him, the Appellants are not entitled to claim any maintenance from the Respondent.

(3.)THE Respondent filed H.M.O.P.No.410 of 1999 before the Family Court for dissolution of marriage between the 1st Appellant and Respondent. Case of Respondent is that after two months from the date of marriage, the Respondent and 1st Appellant were residing with the 1st Appellant's parents at Servaikaranpatti and the 1st Appellant was leading a bad life. THEy got three children out of the wedlock and among them one was died. THE other two children resided with the 1st Appellant. THE Respondent tolerated all the bad activities of 1st Appellant and he did not take any legal action against the 1st Appellant. THE 1st Appellant is residing in the suit schedule terraced building constructed by him. Without his consent, the 1st Appellant sent out their daughter along with one Vasu and they got married and residing at Sundarapuram. When questioned, 1st Appellant deserted the Respondent and left to her son in law's house at Sundarapuram in the month of December 1994 and she is residing now at No.16/A, Kallukadai Thottam, Gandhiji Road, Sundarapuram, Coimbatore -23. THEreafter the 1st Appellant did not turn back to lead life with Respondent and also forcibly took the children. THE 1st Appellant deserted the Respondent without any valid reason and resided with her son-in-law's house for about 4 years. THE Respondent has sent lawyer's notices dated 21.8.1999 and 15.9.1999 to the 1st Appellant to give her consent to get divorce through Court of law. THE Respondent filed the Petition for divorce under Section 13(1)(i-a) and 13(1)(i-b) of Hindu Marriage Act on the ground of cruelty and desertion.
Reiterating the averments made in O.S.No.12 of 1999, the 1st Appellant filed Counter Affidavit contending that since 1995, the Respondent has deserted the 1st Appellant and the 1st Appellant learnt that the Respondent is living in adultery with one Rajakumari @ Mary Rajam at Chennai. The 1st Appellant further averred that even though Respondent is owning a tanker lorry and earning a sum of Rs.15,000/- per month, the Respondent is not maintaining the Appellants and putting them to starvation. In the Counter Affidavit, the 1st Appellant has also referred to the other civil litigations and contended that granting decree of divorce in favour of Respondent would amount to allowing the Respondent to take advantage of his own wrong and prayed for dismissal of the Petition.