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1963 Supreme(Bom) 35

K.K.DESAI
Banoo Jal Daruwall , Jal C. Daruwalla – Appellant
Versus
Jal C. Daruwalla , Banoo Jal Daruwalla – Respondent


JUDGMENT - 1. In this application for permanent alimony, by the first (our prayers, the plaintiff who is the wife or the Defendant has claimed sole and exclusive right to me use of the marital flat together with furniture, goods, chattels and other articles. By prayer (d), the plaintiff has claimed that the Defendant may be ordered to secure to the Plain tiff during her life such gross sum or monthly payments for her maintenance as the court determines. By prayer (e) the plaintiff has claimed division of the marital flat between the plaintiff and the defendant. Prayers (f) to (j) relate to ornaments, clothes certain amount lying deposited in the Lloyds Bank in the joint names of the Plaintiff and the Defendant, certain jewelleries and certain other items of money. The relevant facts leading to this application are as follows:

2. On June 25, 1947, the plaintiff and the defendant came to be married. Prior to that date the defendant resided in a third floor flat at "Alana" House situate at Bomanji Petit Lane. The rent of the flat was Rs. 155/-per month. The flat consists of 3 bed-rooms, a living room, pantry kitchen and other accommodation. The Plaintiff and the Defendant commenced to

























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