COMMON JUDGMENT

The present Appeal Suit is preferred by the 1st defendant / husband in the suit against the decree and judgment dated 26.02.2021, passed in O.S.No.59 of 2017 on the file of the II Additional District Judge, Tiruchirappalli.

2. The cross objections is filed by the 1st plaintiff / wife, 2nd and 3rd plaintiffs /

children against the decree and judgment dated 26.02.2021, passed in O.S.No.59 of

2017 on the file of the II Additional District Judge, Tiruchirappalli

3. The plaintiffs 1 to 3 are the respondents 1 to 3 herein. The 1st defendant is the appellant herein, the 2nd defendant is the 4th respondent herein. For the sake of convenience, the parties are referred as plaintiff and defendants as per the ranking in the suit.

4. The suit is filed for maintenance claiming arrears for the past maintenance to the tune of Rs.11,10,000/- and future maintenance for 1st plaintiff to the tun of Rs. 10,000/- monthly and for the 2nd and 3rd plaintiffs to the tune of Rs.10,000/- each until they attain majority and other expenses. The 1st plaintiff is the wife of the 1st defendant and their marriage was solemnized on 05.02.1999. The 1st plaintiff / wife used to perform the marital obligations with utmost affection and cordiality and never be at logger heads with the 1st defendant/husband on the family matters at any point of time. But right from the date of recruitment as lecturer in the Department of Social Work at Bharathidasan University, Trichy in the year 1999, the 1st defendant was highly reluctant to look after the 1st plaintiff and family without any reasonable and justifiable and spurn all just demands, further return home at midnight and avoided taking meals at home and behaved in eccentric and erratic manner and was swayed by misconceived notions. In the third week of December, 2005, the 1st defendant saw off the plaintiffs at railway station and he was feigned to be enthusiastic. Soon after the plaintiffs returned to their home on 31.12.2005, the defendant hurled various unfounded, scurrilous, disparaging, defamatory, unparliamentary and slanderous allegations against the 1st plaintiff and assassinated the character and conduct of the 1st plaintiff. The father of 1st defendant probed the behaviour of the 1st defendant and brought to the light startling fact that the 1st defendant was engrossed in immoral and illicit intimacy with a girl student namely, Vanitha Bharathi, daughter of Aruchamy of Coimbatore and such illicit relationship happened while the said lady was studying M.A., Social Works during 2004 in Bharathidasan University. The 1st defendant's father took out extracts from mobile phone office and these extracts clinchingly establish the facts as to the perpetuation of illicit intimacy with the said Vanitha Bharathi. The 1st defendant admitted his illicit intimacy before his parents and beseeched them to send out the plaintiffs and permit him to bring Vanitha Bharathi. At the refusal of his parents to accommodate his paramour in their house, the defendant had become totally crest fallen and he idled away his time in the University itself. Then in February, 2006, the 1st defendant left his house with bags and baggage and was staying in Room No.12 Ram Mansion. The repeated appeals by the plaintiffs, 1st defendant's parents and close relatives for restoration of conjugal rights failed to evoke any positive response. Hence, the 1st defendant had wantonly deserted the plaintiffs and neglected to maintain them and audaciously sticking to his paramour Vanitha Bharathi without any justifiable cause. Hence on 06.04.2006 the father of the 1st plaintiff had presented petitions before Tmt. Fatima Vasanth, the Principal and Mr.Vijayaraman, M.Phil Guide of Vanitha Bharathi placing all facts of illicit intimacy by the 1st defendant. Enraged by that, the 1st defendant instigated the said Vanitha Bharathi and she presented a false and baseless criminal report against the father of the 1st defendant before the Commissioner of Polic