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1955 Supreme(Bom) 32

GAJENDRAGADKAR, VYAS
Hormusji M. Kalapesi – Appellant
Versus
Dinbai H. Kalapesi – Respondent


Advocates:
M.M. Javeri with J.R. Vimadalal, instructed by Gagrat and Co., for Appellant; H.D. Banaji with D.P. Madan instructed by Eastly, Lam and Co., for Respondent.

Judgement

GAJENDRAGADKAR, J.:- This is an appeal by the husband against his wife and it has been preferred against the order passed by Coyajee, J., directing him to pay alimony to his wife at the rate of Rs.80 per month. The learned Judge has also directed that this amount should be paid from the date when the petition for alimony was presented, that is to say, from 18-9-1950. As to the costs, the learned Judge has ordered that the husband should pay the costs and the wifes costs have been fixed at a lump sum of Rs.2,100.

2. In the present appeal, Mr. Javeri contends that the learned Judge was in error in holding that the husband was liable to pay alimony to the wife and that he was also in error in fixing the amount at Rs.80 and in directing that the said amount should be paid from the date of the petition. The order of costs has also been challenged by Mr. Javeri.

3. This unfortunate litigation has had a very chequered career. Indeed the marriage between the parties has turned out to be a complete failure. The parties were married on 15-8-1945. The wife belonged to Nasik and the husband to Bombay. The husband is a doctor and is employed by the Tatas. It appears to have been a very s



















































































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