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1993 Supreme(Ori) 202

S.C.MOHAPATRA
ADIKANDA JOSHI – Appellant
Versus
ANNARPURNA JOSHIANI – Respondent


Advocates Appeared:
R.N. Sinha, S.N. Sinha, P.K. Routray and P. Mohanty, for the Appellant; S.K. Mund, U.C. Mohanty and S. Mohapatra, for the Respondent

JUDGMENT :

S.C. Mohapatra, J. - Defendent is appellant against a decree for maintenance, separate residence and marriage expenses payable to second wife and daughter.

2. Although defendant was married and was having sons, he married plaintiff No. 1 again in the year 1954. Shortly after marriage, dispute arose. Birth of a female child could not mitigate the dispute and plaintiff No. 1 had to leave the matrimonial home in take year 1958 with her daughter leaving protection of the husband to take shelter in paternal home. In the year 1961 she filed a suit against defendant and his family members for maintenance of both mother and daughter. It was decreed directing payment of maintenance at the rate of Rs. 35/- per month making the entire joint family property measuring about 10 acres charged for the same. In 1970, mother and daughter filed the suit for enhancement of maintenance, cost of residence and marriage expense of the daughter. In place of Rs. 33/-, they claimed Rs. 200/- per month. Besides marriage expenses of daughter and cost of separate residence were also claimed. During pendency of the suit, plaintiffs initiated execution proceeding registered as execution Case No. 17 of 1/







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