The defeated first defendant is the appellant herein.

2. The plaintiff filed the suit, in O.S.No.101 of 2001, before the learned Principal District Munsif, Karur, for direction directing the first defendant to pay a sum of Rs.500/- per month towards maintenance till her lifetime and Rs.3000/- per year towards dress materials and for a consequential relief of creating charge over 1/4th share of the first defendant in B1 and B2 suit schedule property and also for the costs of the suit.

3. After contest, the learned Principal District Munsif, Karur, by Judgment and Decree, dated 18.03.2005, the Trial Court directed the first defendant to pay a sum of Rs.700/- per month towards maintenance, Rs.3000/- per month towards rent and Rs.2000/- per year towards dress materials from the date of filing the suit and also created charge over the suit schedule property as prayed for.

4. Aggrieved by the Judgment and Decree passed by the learned Principal District Munsif, Karur, the first defendant preferred an appeal, in A.S.No.12 of 2005, before the learned Subordinate Judge, Karur, wherein the plaintiff also filed a cross-objection.

5. After contest, the learned Subordinate Judge, Karur, by Judgment and Decree, dated 30.11.2005, dismissed the appeal as well as the cross-objection and confirmed the Judgment and Decree passed by the learned Principal District Munsif, Karur.

6. Challenging the correctness of the Judgment and Decree passed by the learned Subordinate Judge, Karur, the defeated first defendant has preferred the present second appeal.

7. The brief averments of the plaint that are necessary to decide this appeal are as follows:

The marriage between the plaintiff and the first defendant was solemnized on 11.11.1988, in the presence of the elder people, in Veerakumar Marriage Hall at Chinnatharapuram. They have blessed with a female child, namely, Rajasuganthi. On 01.08.1992, the first defendant was admitted in Hospital due to fracture of leg bone. The first defendant tortured the plaintiff by asking money and jewels. The first defendant was having drinking habit. Unable to bear the torture, the plaintiff returned back to her parental home along with her child. On 09.11.1997, the plaintiff lodged a complaint before the All Women Police Station, Karur, against the defendants. It is very difficult for the plaintiff to meet the expenses. Hence, the suit.

8. The brief averments of the written statement filed by the first defendant that are necessary to decide this appeal are as follows:

It is an admitted fact that the first defendant and the plaintiff are living separately from 1994. Though the first defendant intimated the plaintiff his willingness to live together, she refused the same. On 01.08.1991, the first defendant met with an accident and lost his right leg and living with single leg only. It is an admitted fact that they have blessed with a female child, namely, Rajasuganthi. He never tortured the plaintiff as alleged by her. It is a fact that the plaintiff had never led joint family with the defendants 1 and 3. It is an admitted fact that though the first defendant sent a legal notice, she refused to accept the advice of the elders. On 09.11.1997, the plaintiff and her parents came to the house of the defendants and attacked them to transfer the properties in the name of the plaintiff. The defendants 1 and 2 partitioned the joint family properties under a Partition Deed, dated 03.07.1996. The plaintiff has not impleaded the necessary parties. Hence, the suit is liable to be dismissed.

9. The brief averments of the written statement filed by the fifth defendant and adopted by the fourth defendant that are necessary to decide this appeal are as follows:

The defendants 1 and 2 partitioned the family properties and whereby and whereunder the suit A-Schedule property was allotted to the second defendant. The second defendant taken possession of the property allotted to him. The first defendant has no right over the property allotted