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2009 Supreme(Kar) 874

A.S.PACHHAPURE
K. Kumar – Appellant
Versus
Leena – Respondent


Advocates appeared:
For the Petitioners:Jayakumar S. Patil & Associates, Advocates. For the Respondent:A.G. Gururaja, A. Chandrachud, Advocates.

Judgment :-

A.S. Pachhapure, J.

The unsuccessful defendant has approached this Court in appeal challenging the judgment and decree of maintenance granted by the Trial Court in favour of the respondents and confirmed in the appeal, by the lower Appellate Court.

2. The brief facts relevant for the purpose of this appeal are as under:

The parties will be referred as per their rank in the Trial Court for the purpose of convenience.

The respondents herein were the plaintiffs whereas the appellant is the defendant before the Trial Court. The first plaintiff and the defendant are Christians and were married on 27.4.1977 as per the custom of their community. They led a happy marital life for sometime and they have three issues. The Plaintiffs 2 and 3 are the son and daughter. Later, there were differences amongst each other. The defendant was addicted to bad habits and developed illicit relationship with other women. He started consuming liquor and was subjecting the first plaintiff to cruelty and harassment by assaulting her. On an occasion in the year 1990, the defendant caused assault on the first plaintiff and she sustained fracture of her hand and was treated in the hospital. To mainta





































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