Milagrinha Gonsalves vs Pedre A. Gonsalves

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1987 Supreme(SC) 36

SUPREME COURT OF INDIA
M. P. THAKKAR AND B.C. RAY, JJ.
MRS MILAGRINHA GONSALVES
Versus
PEDRE A. GONSALVES.
Criminal Appeal No. 20 of 1987 {Arising out of Special Leave Petition (Crl) No. 3181 of 1985}, decided on January 12, 1987

Headnote:
Special leave - Guilty of Adultery - Maintenance - Case insofar as two children one a seven year old daughter and another a five year old daughter were concerned, there was no ground at all for refusing maintenance to them – Held, We are satisfied that the trial court was right and High Court was wrong in recording finding in regard to the question as to when there appellant was guilty of adultery - In our opinion evidence on record does not justify finding that appellant was guilty of adultery High Court has failed to realize that in any case insofar as two children, one, a seven year old daughter and another a five year old daughter were concerned, there was no ground at all for refusing maintenance to them appeal is therefore allowed order passed by High Court is set aside, and order passed by trial court is restored - There will be no order regarding costs - Appeal allowed

ORDER

Special leave granted. Heard both the sides. On going through the judgment of the trial court and the judgment of the High Court and the relevant records, we are satisfied that the trial court was right and the High Court was wrong in recording the finding in regard to the question as to whe there the appellant was guilty of adultery. In our opinion the evidence on record does not justify the finding that appellant was guilty of adultery The High Court has failed to realize that in any case insofar as the two children, one, a seven year old daughter and another a five year old daughter were concerned, there was no ground at all for refusing maintenance to them The appeal is therefore allowed The order passed by the High Court is set aside, and the order passed by the trial court is restored. There will be no order regarding costs.

For Citation : 1987 (Supp) SCC 191.

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