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1958 Supreme(Pat) 82

S.C.PRASAD, MISRA
Sarbo Gopain – Appellant
Versus
Anta Lal Gope – Respondent


Judgment

Misra, J.

1. The appellant, Sarbo Gopain, brought a suit in forma pauperis for the grant of suitable maintenance, either on a monthly or annual basis, together with a prayer for a decree for maintenance from Baisakh 1850 B. S. to the month of Jyastha 1356 B. S. at the rate of Rs. 600.00 a year, alleging that she was the legally married wife of defendant No. 4. No issue was, however, born to the couple so that the plaintiff was being ill-treated by her husband as well as the other defendants who are members of a joint family with him. The matter came to such a pass that her father-in-law, defendant No. 1, actually assaulted her. Her husband also assaulted her and she was compelled to move to her maternal uncles house for residence in the year 1347 F. S.

Her husband took another wife soon after. The plaintiff, however, returned to her husbands place and wished to live in his house but her husband refused the request and she was compelled to go back to her maternal uncles house where her mother was living, as the plaintiffs father was dead. She was being maintained by her maternal uncle. Accordingly, the present suit was instituted by her under the Hindu Married Womens Right t










































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