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1985 Supreme(Guj) 152

A.P.RAVANI
Bai Laxmiben – Appellant
Versus
Bharatbhai – Respondent


Advocates Appeared: B.C.PATEL, J.C.Sheth, M.A.TRIVEDI

A. P. RAVANI, J.

( 1 ) SUBSTITUTE illusion for reality : Such is the claim made by the petitioner-husband, who has succeeded in getting divorce and discharging his liability for future maintenance of the divorcee by paying lump sum amount of Rs. 901/- in all. Can law countenance illusory payment of lump sum amount as future maintenance and discharge the husband from his liability to provide necessary wherewithal for the maintenance of the divorcee?

( 2 ) THE petition arises out of maintenance proceedings instituted by the petitioner-wife against opponent 1 husband. The petitioner filed Criminal Misc. Application No. 35 of 1983 in the Court of JMFC, Kalol. She claimed that earlier she had filed an application for maintenance being Criminal Misc. Application No. 50 of 1979. In that application there was a compromise between the parties and the application was dropped. The marital tie was dissolved by executing a deed of divorce dt. Dec. 21, 1981 which is produced at Exh. 14. As per the deed of divorce, the opponent-husband had paid Rs. 901/- towards maintenance. Thereafter, the petitioner filed an application for maintenance and submitted that, though she was divorced, she was entitled













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