The quantum of maintenance to be awarded under Section 23 of the Hindu Adoptions and Maintenance Act, 1956 is to be determined by the court in its discretion, having due regard to the considerations set out in sub-section (2) thereof.

( 1 ) THIS appeal arises out of a common judgment dated 26-09-1979 passed by the learned Principal Subordinate Judge, guntur, in O. S. No. 193 of 1976 and O. P. No. 12 of 1977.

( 2 ) O. S. NO. 193 of 1976 is the suit filed for (1) partition of the suit a schedule mentioned properties, (2) for declaration that the alienations made in favour of the defendants 2 to 11 are collusive, nominal, (3) for recovery of maintenance to the 1st plaintiff at the rate of Rs. 3,600/- per annum and Rs. 2,000/- towards residence, and (4) for recovery of movable properties mentioned in the plaint b and c schedules. O. P. No. 12 of 1977 is the petition filed by the 1st defendant-husband under section 9 of the Hindu Marriage Act for restitution of conjugal rights against the 1st plaintiff. The appeal has been filed against that part of the judgment dismissing the claim of the plaintiffs while decreeing the suit for partition and in regard to the quantum of maintenance. O. P. No. 12 of 1977 has been dismissed and the order has become final, since no appeal has been filed.

( 3 ) THE parties can be referred to as arrayed in the suit so as to avoid any confusion.

( 4 ) BRIEFLY stated the facts are thus:- The first plaintiff is the wife and the plaintiffs 2 and 3 are the sons of the 1st defendant herein. 2nd Defendant is the younger brother of 1st defendant. Defendants 3 to 13 are the subsequent alienees. Defendants 1 and 2 together constitute a Joint Hindu family which owned extensive properties. They were brought up by their paternal grandmother as their parents died during their childhood. One G. Koteswara Rao, advocate, was appointed as the guardian for the properties of defendants 1 and 2 in o. P. No. 183 of 1960 on the file of the District court, Guntur, and their paternal grandmother by name Mahalakshmamma was appointed as the guardian for the person of the minors. The marriage of the first plaintiff with the first defendant was performed on 30th April, 1971. For the marriage expenses the father of the first plaintiff by name Nalluri Nageswara Rao advanced an amount of Rs. 10,000/- on the promise to repay the same with interest at 12% per annum. At the time of the marriage the said Nageswara Rao gave to the first defendant the gold ornaments and other movable properties as described in the b schedule attached to the plaint. The second plaintiff was born to them after both of them lived together for some time. In the meanwhile the first defendant was declared as major on 22-04-1972. He then took possession of lands and other properties from the property guardian, and he was also appointed as guardian of person and property of his younger brother. By then it was reliably learnt that an amount of rs. 21,000/- was lying to the credit of o. P. NO. 183/60 having been deposited by the property guardian after realising the same from the tenants. The first defendant had withdrawn the same and also several other amounts time to time from the Court for carrying on agricultural operations in the lands. There was certain outstanding dues from others to the family of the defendants and the first defendant realised those debts also. Unfortunately, the first defendant was given to bad ways and addicted to women, wine and gambling, and thus indulged in wasteful expenditure. The second defendant was declared as a major on 25-03-1974. But defendants 1 and 2 continued to be joint. The first plaintiff who became pregnant again was got admitted on 10-10-75 in Sujata Nursing home at Ponnur for confinement after taking away all the jewellery from her person by the first defendant. The third plaintiff was born on 11-10-1975. The first defendant took away the second plaintiff when the first plaintiff in the hospital for confinement and later he did not visit her and totally neglected her. He did not even care to bring her back to the house from her parents house as she went away from hospital to her parents house after delivery. In -the meanwhile,