The defendants in O.S. No.117 of 1981, District Munsif's Court, Gingee, who are husband and wife, are the appellants in this Second Appeal. The suit in O.S. No.117 of 1981 was instituted by the respondents herein praying for the relief of partition and separate possession of the first respondent's half share in the suit properties and for mesne profits and for recovery of maintenance at the rate of Rs. 100/- per mensem in so far as respondents 2 and 3 are concerned, with a charge over the properties of the first appellant herein.

2. The case of the respondents is briefly as follows :-

The suit properties are the joint family properties of the first appellant and the first respondent. The third respondent is the legally wedded wife of the first appellant and respondents 1 and 2 are the issues born out of that wedlock. Since the second appellant, wife of the first appellant, was afflicted with some incurable disease, with the consent of the second appellant, the first appellant married the third respondent in 1953 according to Hindu rites and custom. The first appellant and the third respondent were living as husband and wife and a male child was born to them on 29-7-1961,