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2012 Supreme(Bom) 774

ROSHAN DALVI
Shushma Manojkumar Shriwastav – Appellant
Versus
Manojkumar Shriwastav – Respondent


Advocates Appeared:
For the Applicant:Harish Pawar, Advocate.
For the Respondents:R1, Anand Upadhyay, Advocate.

ORDER

1. The Petitioner wife has challenged the order of the learned Judge, Family Court, Mumbai dated 20th September, 2010 refusing permanent maintenance to the petitioner-wife.

2. The parties had an arranged marriage. The husband claims to be a helper of a tailor. The wife claims that he has a garment shop himself.

3. The husband has sought to show that the wife has without reasonable cause left the matrimonial home and hence is not entitled to any maintenance. This is on the footing that the claim of the wife of demand for dowry is wholly dishonest and must be fully rejected. That is what the learned Jude has been impressed with.

4. Counsel on behalf of the husband drew my attention to the first reply of the wife to the notice of the husband calling her back to her matrimonial home, the FIR filed by the wife under Section 498A of the Indian Penal Code and the petition for claiming maintenance. Counsel on behalf of the husband has argued that in each of these the wife has made different allegations and hence her allegations deserve rejection. He has also argued, and that has been held by the learned Judge also, that if the allegations were true the wife would have made those alle




















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