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1997 Supreme(MP) 684

A.K.MATHUR, DIPAK MISRA
Chhaya Kshatriya – Appellant
Versus
Pramod Kumar Kshatriya – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. H.B. Agarwal, Advocate
For Respondents/Defendant:Mr. Ajit Singh, Advocate

JUDGMENT

Dipak Misra, J.

1. Being arrieved by the judgment passed by a learned Single Judge of this Court in F.A. No. 299/95, reversing the judgment and decree passed by the learned III Addl. Judge, to the Court of District Judge, Raipur granting maintenance to wife and child, the defendant-wife is in appeal.

2. The marriage between the appellant and respondent was solemnised on 6.7.88 and in their wedlock a son was born. With the passage of time the parties started drifting away from each other and as the breach broadened without ameliorative mend, an attempt was made by the husband to restore the relationship and accordingly he filed a suit for restitution of conjugal right which was duly decreed. The decree remained a decree on paper and all attempts for living together became an exercise in otiosity. The wife did not join the husband which compelled him to institute the aforesaid suit seeking divorce. The learned trial Judge decreed the suit and at the time of passing of the decree directed that the husband shall pay Rs. 500/- per month to the wife and Rs. 400/- to the minor child towards maintenance. This direction was given in exercise of powers conferred on the court under sect



























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