( 1 ) THE present appellant Maganbhai Chhotubhai Patel is the original defendant and husband of present respondent (original plaintiff) Maniben alias Kikiben alias Laxmiben.

( 2 ) THE appellant being aggrieved by the judgment and decree dated 22 passed by the learned Civil Judge Senior Division Navsari. in Special Civil Suit No. 3 of 1970 awarding to the plaintiff-wife maintenance at the rate of Rs. 250. 00 per month from the date of the suit i. e. 2-4-1969 as also the arrears of maintenance that had accrued due till then within a period of two months from the date of the judgment i. e. 22-4-1975 has filed this appeal. The respondent-wife also being dissatisfied with the paltry amount of maintenance of Rs. 250. 00 per month has filed Cross-Objections claiming maintenance at the rate of Rs. 1 0 per month with arrears that had accrued due at the said rate. for the sake of convenience hereafter the appellant will be referred to as the defendant-husband and the respondent as the plaintiff-wife.

( 3 ) AT the outset I am constrained to say that the defendant-husband leaving the plaintiff-wife and his two minor children went to United States of America for further studies in Engineering and since then he has neither come hack to India nor has cared to maintain his wife or children so much so that even after the plaintiff-wife obtained a decree as aforesaid for a paltry amount of Rs. 250. 00 per month the defendant-husband has not cared to pay her a single lie. It is also proved that the defendant-husband has a one-sixth share in the joint family property situated in village Malekpur District Bulsar where his father is residing. The defendants father (i. e. father-in-law of the plaintiff-wife) Chhotubhai Patel has also not cared to make any provision for the maintenance of the plaintiff-wife and her minor children and till today (i. e. 1984) the plaintiff-wife has been kept away by the defendant-husband and his father from enjoying the usufruct of the decree and\or share in the property.

( 4 ) IT appears that the plaintiff-wife has during all these years suffered a lot and has continued her existence in a miserable condition. This is a very grave case where the defendant-husband has resorted to technicalities of laws and has fought the legal battle through his power-of-attorney his father to stall the claim of the plaintiff-wife and the father of the defendant has also contributed in the miseries suffered by the plaintiff-wife by not giving the due share to her from the valuable properties in which the defendant has one-sixth share though the learned trial Judge has charged the maintenance on the said properties.

( 5 ) THE facts as disclosed from the evidence on record are that the plaintiff was married with the defendant on 3-3-1952 according to Hindu rites and the custom of the caste. After the marriage both of them lived in their matrimonial house at Malekpur Taluka Palsana District Bulsar during which time two children were born i. e. son Praful on 9-8-1956 and daughter Daksha on 2 At that time the defendant-husband was prosecuting his studies in the Engineering College at Baroda. It appears that he having completed the Engineering course which may be a degree in Engineering proceeded for further studies to U. S. A. for a period of three years in Engineering school. Though there is no clear evidence as to what degree he obtained in U. S. A. it can be safely assumed that he must have atleast obtained Masters degree h Engineering. It is alleged that when the defendant-husband went to U. S. A. he promised the plaintiff-wife that after the completion of his studies within three years he would return to India and stay with her and children or he might call all of them to U. S. A.

( 6 ) IT may be remembered that in those days there was great attraction of going to U. S. A. for further studies and thereafter to; obtain a job there because it has been now well-known that very lucrative salaries are being paid to Engineers a