JUDGMENT :

Prayer : This Appeal Suit filed under Order 41 Rule 1 and Section 96 of Code of Civil Procedure, to modify the decree and judgment passed by the Family Court, Madurai in O.S.No.36 of 2010 dated 14.10.2014 and allow this appeal with costs.

The Appeal Suit is directed against the decree and judgment passed in O.S.No.36 of 2010 dated 14.10.2014 on the file of the Family Court, Madurai.

2. The case of the plaintiff in short is as follows:-

(a) The plaintiff is the second daughter of the first defendant. Due to misunderstanding between her father and mother Clara, the first defendant deserted the plaintiff and his family members. The plaintiff's mother filed a petition for maintenance in M.C.No.2 of 1997 on the file of the Family Court on behalf of herself and other children including the plaintiff. During enquiry, on the basis of the undertaking given by the first defendant to live with the family and to maintain the children including the plaintiff, maintenance case in M.C.No.2 of 1997 was ordered to be dismissed as infructuous. Even after the undertaking given by the first defendant, he had not chosen to maintain the children including the plaintiff and the plaintiff's mother