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1985 Supreme(Bom) 26

M.S.DESHPANDE
Kalidas s/o. Durgaji Shinde – Appellant
Versus
Parwatibai w/o. Kalidas Shinde – Respondent


JUDGMENT - M.S. DESHPANDE, J.:---This revision application by the husband is directed against the order passed by the Sessions Judge, Parbhani, reversing the dismissal of the respondent's application for maintenance and awarding Rs. 50/- per month as maintenance to her.

2. The respondent's case was that she was married to the petitioner about six years ago and resided with him for about 15 months, but he treated her with cruelty and drove her out of the house thus requiring her to reside with her brother. Several attempts to bring about reconciliation failed. The petitioner thereafter filed a petition for restitution of conjugal rights and obtained a decree against, though he never desired to take her to his house. He thus refused and neglected to maintain her. Contending that she was unable to maintain herself, while the petitioner had sufficient means to maintain her, she sought a direction against the petitioner for paying Rs. 250/- per month as maintenance. The petitioner resisted the application by urging that because of his desertion by the respondent, he had to bring a proceeding for restitution of conjugal rights and obtained a decree for restitution in 1977. Since that decr










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