Claim of maintenance of wife held justified by Court.

This is an appeal filed by the plaintiffs Nos. 1 to 4 against the judgement and decree dated 25-6-1979 in O.S. No. 2 of 1978 on the file of the Court of the learned Subordinate Judge, Nagercoil, decreeing the suit in favour of the plaintiffs which was filed in forma pauperis for maintenance against the defendant/respondent herein in the following terms :-

"1. Plaintiffs 1 to 4 together are entitled to get a consolidated sum of Rs. 200/- per month from this date from the defendant as maintenance;

2. The defendant shall give Rs. 3,000/- towards the marriage expenses of the second plaintiff and for the jewels to be presented to the second plaintiff at the time of marriage;

3. The plaintiffs are entitled to a charge over Items 5 to 11 of the plaint properties in respect of the maintenance amount and marriage expenses decreed,

4. The plaintiffs after fixing the marriage alliance for the second plaintiff should give two months' notice to the defendant to pay the sum of Rs. 3,000/- for the marriage expenses of the second plaintiff. If the defendant fails to pay the amount after such notice the plaintiffs are entitled to execute this decree and recover the amount.

5. The plaintiffs are entitled to get the proportionate costs of suit from the defendant; and

6. The plaintiffs will pay the court-fee due to the Government" *

2. The case of the plaintiffs/appellants herein is that the first plaintiff A. Bhagavathi Ammal is the wife of the defendant! respondent herein viz., Sethu alias Monikavasagom Pillai. The second plaintiff/appellant B. Chidambaravadivoo alias Latha is the daughter and minor plaintiffs 3 and 4/appellants - M. Sivasubramania Pillai and M. Neelakanta Pillai are the sons of the first plaintiff/appellant and defendant/respondent herein. The second plaintiff/appellant Chidambaravadivoo alias Latha is unmarried. The first plaintiff/appellant and the defendant/respondent have two other major sons - Ramaswamy Pillai and Muthukrishna Pillai. The first plaintiff/appellant and the defendant/respondent have another daughter and she has been given in marriage. Since 10 years from the date of the institution of the suit, the defendant/respondent is having another woman in his house and through her the defendant/respondent has given birth to three children. The first plaintiff/appellant and her children were also living separately in the defendant/respondent's house. The defendant/respondent did not properly maintain the plaintiffs/appellants. The plaintiffs/appellants were maintaining themselves by hard work and also by the earnings of the two major sons. Then, on 10-2-1977 the defendant/respondent drove the plaintiff/appellants out of the house without any justification. The defendant/respondent owns the plaint properties which are worth more than Rs. 2,00,000/-. The plaintiffs/appellants are entitled to maintenance at the rate of Rs. 600/- (Rs. 150/- for food, and dress for each) per month, and further Rs. 7,500/- for jewels for the second plaintiff/appellant and Rs. 5,000/- for her marriage expenses. The defendant/respondent should also allot a house to the plaintiffs/appellants for their residence. A charge over the plaint properties may also be created for the due payment of the maintenance amount to the plaintiffs/appellants.

3. The defendant/respondent herein filed a written statement, inter alia, contending

that it is true that the first plaintiff/appellant is the wife of the defendant/respondent and the other plaintiffs 2 to 4/appellants are their children. The eldest daughter Muthulakshmi was given in marriage on 28-11-1971 and she is now having two children. The major sons - Ramaswami Pillai and Muthukrishna Pillai are earning members. Since the first plaintiff/appellant was not well, the defendant/respondent was forced to marry one Chithambaravadivoo alias Vasantha on 23-1-1967. The defendant/respondent has four children through the second wife and the plaintiffs/appellants were living happily. Only the defendant/resp