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1995 Supreme(Bom) 476

A.P.SHAH
Sushila Viresh Chhadva – Appellant
Versus
Viresh Nagshi Chhadva – Respondent


JUDGMENT -A.P. SHAH, J.:---By this petition under Article 227 of the Constitution, the petitioner-wife, has taken exception to an order passed by the Family Court , Bombay, rejecting the petitioners application for interim alimony and expenses of the litigation.

2. Briefly, the facts leading to this petition are :

The petitioner and the respondent got married on February 6, 1991 at Bombay according to Hindu Vedic Rites. Shortly after the marriage, the petitioner was operated for mahor ovarian tumour and her right ovary was removed. The respondent thereafter filed a petition in the Family Court for a decree of nullity of marriage. The respondent alleged that the parties stayed together just for one day after the marriage and then the petitioner started complaining about severe pains in her stomach thereafter. The respondent contended that the tumour was malignant and the petitioners left ovary is affected by cancer and that there is no chance of her conception and bearing a child. According to the respondent, the petitioner and her parents were well aware of this tumour, which was of a big size, and they intentionally concealed this fact from the petitioner and his family members to










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