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2010 Supreme(Bom) 666

A.P.DESHPANDE, R.P.SONDURBALDOTA
Mangala Bhivaji Lad – Appellant
Versus
Dhondiba Rambhau Aher – Respondent


Advocates Appeared:
Mr. S. G. GOKRALE, Adv. for the Appellant.
Mr. CRETAN AKERKAR, Adv. for the Respondent.

JUDGMENT :

Smt. R. P. SONDURBALDOTA, J.:- The vexed question of law that arises for consideration in this appeal relates to right to claim maintenance of a Hindu woman who is married after coming into force of the Hindu Marriage Act, 1955 to a Hindu male having a legally wedded wife.

2. The brief factual background against which the question is required to be considered is as follows:

In June, 1983 the appellant married the respondent at which time he already had a lawfully wedded wife living. The appellant and the respondent stayed together for a period of 17 years before they separated on 21st December, 1999. Then, the respondent filed M.J. Petition No.B-42 of 2000 in the Family Court, Mumbai for a declaration that his marriage with the appellant is null and void and for an injunction to restrain the appellant from representing herself as his wife and from visiting his place of residence, as also his work place. The appellant resisted the petition claiming ignorance of the earlier marriage of the respondent. She contended that since the marriage ceremony was duly performed with her and the marriage was registered with the Registrar of Marriage, she is the legally wedded wife. She a


























































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