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2003 Supreme(Bom) 274

J.P.DEVADHAR, S.RADHAKRISHNAN
Prabhubhai Ranchhodbhai Tailor – Appellant
Versus
Bhartiben Prabhubhai Tailor – Respondent


JUDGMENT - DEVADHAR J.P., J.:---In this Family Court appeal, the appellant (husband) challenges the judgment and order dated 9th July, 2000 passed by the learned Judge of the Family Court at Bandra wherein permanent alimony of Rs. 5,000/- was granted to the respondent (wife) on a petition filed by her under section 18 of the Hindu Adoption and Maintenance Act, 1956.

2.Although, the appellant had raised several contentions in the memo of appeal, at the final hearing, the arguments were restricted to two points. Firstly, it was contended that though the appellant and the respondent have lived together for nearly 18 years as husband and wife and have two children from the said wedlock, the respondent is not the legally wedded wife of the appellant as the marriage between the two was not solemnised in accordance with law and secondly, even assuming that the marriage was solemnised in accordance with law, in view of the admission of the wife that on the date of her marriage, the husband had a living spouse, renders the marriage of the wife null and void and consequently, in law, she is not entitled for maintenance. In other words, the submission is that during the subsistence of the firs




























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