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1993 Supreme(Kar) 261

N.D.V.BHATT
GURUPADAYYA – Appellant
Versus
ASHALATHA – Respondent


Advocates:
B.V.Jigjinni, I.G.GACHCHINAMATH

N. D. V. BHATT, J.

( 1 ) IN this second appeal the appellant has challenged the judgment and decree passed by the learned principal civil judge, bijapur in regular appeal No. 75 of 1988 confirming the judgment and decree passed by the learned munsiff, bijapur in o. s. No. 135 of 1982.

( 2 ) THE facts leading to the appeal are as follows:plaintiffs 1 and 2 are said to be the daughters and plaintiff 3 is said to be the son of defendant-gurupadayya and they were born to defendant through their mother drakshayini. They filed a suit at o. s. No. 135 of 1982 against gurupadayya praying for monthly maintenance at the rate of Rs. 85/ -. They alleged that their mother drakshayini was married to gurupadayya on 24-12-1955 according to hindu rites and customs and after marriage they lived together for about three years and thereafter there were some quarrels between the two. According to them, though there was a divorce deed between the two, the same was not recognised according to the custom in the community to which they belong and the same was not acted upon and the same did not result in the dissolution of marriage between their mother drakshayini and father gurupadayya. It was also alleged




















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