JUDGMENT :

P.T. ASHA, J.

Prayer: Appeal Suit filed under Section 96 of the Code of Civil Procedure against the Judgment and Decree of the Family Court, Salem, dated 29.03.2011 in O.S. No. 23 of 2005.

1. The defendant, in a suit for maintenance, has challenged the judgment and decree passed by the Family Court, Salem in O.S. No. 23 of 2005. The parties in this appeal are referred to in the same rank as before the Family Court.

2. Case of the plaintiff:

The plaintiff had filed a suit in O.S. No. 23 of 2005 claiming maintenance of a sum of Rs. 10,000/- per month, till her life time and to create a charge over the property described in the suit schedule. The plaintiff had listed three items of properties. It is her case, that she and the defendant had got married on 25.12.1985 and after marriage had been living as husband and wife in the matrimonial home till 1993. In order to provide security to her, her father had purchased a house in Salem on 01.12.1986 and from the year 1994, the plaintiff and the defendant were residing at this place.

3. Out of the wedlock, the plaintiff had given birth to a daughter Nagalakshmi on 10.04.2000 and a son Naganathan on 15.07.2002. It is the case of the pla