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1976 Supreme(Bom) 78

M.H.KANIA
GOVINDRAO RANOJI MUSALE – Appellant
Versus
ANANDIBAI GOVINDRAO MUSALE – Respondent


JUDGMENT -This is an appeal by the husband, who has been unsuccessful in both the Courts below. Very few facts are necessary for appreciation of the controversy arising in the appeal. Both the principal parties viz. the appellant and respondent No. 1 as well as respondent No.2, are Hindus governed by the Hindu Law. In 1934 the appellant was married to respondent No.2 according to Hindu rites and they lived as husband and wife. The appellant did not have any child by respondent No.2. On 24th May 1959 the appellant went through a ceremony of marriage according to Hindu rites with respondent No. 1. At the time when this ceremony was gone through by the parties, respondent No. 2 was alive and she is still alive; and the marriage between the appellant and respondent No. 2 was subsisting then and is still subsisting. There is no dispute at this stage that the facts found show that, in March 1963 the appellant and respondent No.2 drove away respondent No. 2 and since then she has been residing with her parents. The averments in the pleadings and the evidence on record show that respondent No. 1 continued for five or six years to live with her parents in the hope that she would be again ta






















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