Wednesday, June 12, 2013

Pay maintenance 18 years after separation and 39 years after marriage !! Proof of Take home Salary is not relevant here !!!! No formal divorce in any court … wife living separately …. Panchaytdar says wife has no intention to continue married life. 4 children out of wedlock and all are elders

 

Pay maintenance 18 years after separation and 39 years after marriage !! Proof of Take home Salary is not relevant here !!!!  No formal divorce in any court … wife living separately …. Panchaytdar says wife has no intention to continue married life. 4 children out of wedlock and all are elders

 

 

 

Madras High Court

 

V.Ramamurthy vs Neelaveni

28 June, 2010

Coram: THE HONOURABLE MR.JUSTICE M.JAICHANDREN

S.A.No.803 of 2007 and M.P.No.1 of 2007

V.Ramamurthy .. Appellant.

vs.

Neelaveni .. Respondent.

PRAYER: Appeal against the judgment and decree, dated 3.2.2007, made in A.S.No.21 of 2006, on the file of the Subordinate Court, Panruti, confirming the judgment and decree, dated 23.6.2006, made in O.S.No.689 of 2004, on the file of the District Munsif Court, Panruti. For Appellant : Ms.R.Meenal

For Respondent : Mr.R.Gururaj

J U D G E M E N T

The second appeal has been filed against the judgment and decree, dated 3.2.2007, made in A.S.No.21 of 2006, on the file of the Subordinate Court, Panruti, confirming the judgment and decree, dated 23.6.2006, made in O.S.No.689 of 2004, on the file of the District Munsif Court, Panruti.

2. The appellant in the present second appeal was the defendant in the suit, in O.S.No.689 of 2004. The respondent, who was the plaintiff in the said suit, had prayed for a judgment and decree to direct the defendant, who is her husband, to pay a sum of Rs.36,000/-, as past maintenance and to further direct him to pay a sum of Rs.18,000/- per year, as future maintenance, from the date of the suit.

3. The plaintiff had further stated that the marriage had taken place between the plaintiff and the defendant, on 2.5.1971, as per Hindu Rites and Customs

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