HIRACHAND SRINIVAS MANAGAONKAR Vs. SUNANDA

JUDGEMENT

(1.) The point that arises for determination in this case is short but by no means simple. The point is this : Whether the husband who has filed a petition seeking dissolution of the marriage by a decree of divorce under S. 13 (1-A) (i) of the Hindu Marriage Act, 1955 (for short the 'Act') can declined relief on the ground that he has failed to pay maintenance to his wife and daughter despite order of the Court

(2.) The relevant facts of the case necessary for determination of the question may be stated thus : The appellant is husband of the respondent. On the petition filed by the respondent under Section 10 of the Act seeking judicial separation on the ground of adultery on the part of the appellant a decree for judicial separation was passed by the High Court of Karnataka on 6- 1-1981. In the said order the Court considering the petition filed by the respondent, ordered that the appellant shall pay as maintenance, Rs. 100/- per month to th wife and Rs. 75 per month for the daughter. Since then the order has not been complied with by the appellant and the respondent has not received any amount towards maintenance . Thereafter on 13-9-1983 the appellant presented a petition for dissolution of marriage by a decree of divorce on the ground that there has been no resumption of cohabitation as between the parties to the marriage for a period of more than one year after passing of the decree for judicial separation.

(3.) The respondent contested the petition for divorce on the ground, inter alia , that the appellant having failed to pay the maintenance as ordered by the Court the petition for divorce filed by him is liable to be rejected as he is trying to take advantage of his own wrong for getting the relief. The High Court by the judgment dated 10-4-1995 in M.A.F. No. 1436/1988 accepted the plea taken by the respondent and refused to grant the appellants prayer for divorce. The said order is assailed by the appellant in this appeal by special leave.