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1960 Supreme(Bom) 25

S.P.KOTVAL, G.B.BADKAS
Pralhad Gangadhar Joshi – Appellant
Versus
Sakhubai – Respondent


JUDGMENT - 1. This is an appeal under Clause 10 of the Nagpur Letters Patent against the order of Mr. Justice P.P. Deo upon leave granted by that Judge. The matter arises out of execution proceedings. The appellant judgment-debtor before us, Pralhad Gangadhar Joshi, is the husband of the respondent Smt. Sakhubai wife of Pralhad Joshi. The parties were married sometime in 1940. In July 1949 the husband married a second time. Thereafter, it appears that he neglected to look after his first wife, the respondent, and so she filed a suit for maintenance in 1950. She obtained a decree for maintenance on 11-4-1951. By this decree she was given a monthly allowance of Rs. 20/- for her own maintenance plus Rs. 2/- for rent of accommodation suitable for her. The decree also awarded Rs. 400/- as arrears of maintenance. The respondent then commenced execution on 3-8-1951 out of which the present appeal arises. Upto this day, the appellant, her husband, has not paid a single pie towards the maintenance decree except a sum of Rs. 100/- in two instalments of Rs. 50/- each, which he was compelled to pay under orders of this Court as a condition precedent to the grant of stay of execution. Having av




















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