MAJ ASHOK RATILAL TRIVEDI Vs. ANJANI MADHUSUDAN OZA

JUDGEMENT

(1.) The parties to this appeal were married on May 14, 1964. On April 26, 1965 their marriage was annulled by a decree of nullity, at the instance of the respondent-wife, who had applied for that purpose, on the ground of the appellant-husband's impotency. The petition for permanent alimony and maintenance was then filed by the respondent-wife on June 9, 1966 on the allegations that she had no independent income sufficient for her maintenance and support. The appellant was holding the rank of a Major in the Indian army drawing a salary of Rs. 1350.00 per month and was said to be a wealthy man, possessed of moveable and immovable properties of the value of several lakhs of rupees. He was further alleged to be a member of the joint Hindu family, which owned extensive properties in the States of Gujarat and Maharashtra. The respondent, therefore, claimed a maintenance allowance of Rs. 1000.00 per month, a.s Ions as she remained unmarried or in the alternative a sum of Rs. 1.20,000.00 in lump sum for her maintenance and support.

(2.) While contesting the respondent's claim, the appellant stated in his written statement that he was holding the rank of a Major in the Indian Army at a substantive salary of Rs. 900.00 per mensem and that his father had gifted to him a sum of Rs. 1.00,000.00. which he had invested in the Government of India. Conversion Loan yielding a gross return of Rs. 3,O0O.00 per annum. He, however. denied that he had any share In the. joint Hindu family property. On the other hand, according to him, he was separate from the family and had no interest in the family property. The respondent was admitted to have no income on the date of the filing of the written statement on December 3, 1966. but she was holding a Masters Degree of the University of Delhi, and was, therefore. said to be in a position to earn her own living. She was said to be preparing already for the competitive examination for entry to the Indian Administrative Service. The respondent in her rejoinder admitted that she had appeared in the Indian Administrative Service competitive examination in her attempt to get over the matrimonial tragedy. She. however, stated that the appellant's impotency and depravity had told heavily on her mind. body and health as a result of which she had been reduced to a complete nervous wreck.

(3.) The learned Additional District Judge. Delhi, found that the respondent-wife had been appointed to the Indian Revenue Service with effect from July 15, 1967 and had a monthly income of Rs. 603.00 as salary and allowance; but had no income from June 9. 1966, the date of the application, until July 15. 1967. It was also found that she did not own any moveable or immovable property except jewellery worth about Rs. 900.00 which she had purchased after her appointment to the Indian Revenue Service.