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1974 Supreme(Bom) 87

B.A.MASODKAR
KESARBAI HARIBHAU MARATHE – Appellant
Versus
HARIBHAU NARAYAN AWARE – Respondent


JUDGMENT-Kesarbai, the present appellant, a Hindu wife in her forties, seeks to enforce her right of separate residence and maintenance against her husband, respondent Haribhau.

2: By the impugned judgment the Assistant Judge, Akola, reversed a decree 10 her favour and dismissed her application finding that she had not proved the grounds.

3. Kesarbai had filed the application mainly seeking a relief on the plea that Haribhu had deserted her and further that he had kept a concubine by name Sulochana. The trial Court on both these matters' found in her favour inter alia holding that from February 1958, Haribhau had deserted Kesarbai; that he had kept a concubine by name Sulochana at Khambora where he has another residential house and that Kesarbai was entitled to Rs. 50/- per month as past and future maintenance. He also directed a charge against the immoveable property being Survey Nos. 1/1-A, 1/5,6/1 and 15/1 shown in Schedule B and a bungalow near Lady Harding Hospital, Akola. The appellate Court found that the evidence in the matter of desertion, as was spoken to by Kesarbai and her witnesses, was not convincing and he further found that Haribhau had admittedly kept a concubine b





























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