DHARAMSI DAHYABHAI PATEL Vs. DEVYANI DHARAMSI PATEL

JUDGEMENT

(1.) The petitioner-Husband has, by this revision application, challenged the order passed by the Civil Judge (S.D.), Morvi, dated 26/03/1992 awarding interim maintenance at the rate of Rs. 1,500.00 p.m. to the respondent-Wife with effect from 21/06/1991.

(2.) The respondent-wife instituted Spl. Civil Suit No. 75 of 1991 in the Court of Civil Judge (S.D.), Morvi under Sec. 18 read with Sec. 23 for maintenance under Hindu Adoption and Maintenance Act, 1956. In the said suit she applied for interim maintenance at the rate of Rs. 3,000/~ per month by application, dated 21/06/1991 at Exh. 7. In the said application she, inter alia, contended that she is legally wedded wife of the petitioner and out of wed-lock two children are born. The husband is serving in Bank of Baroda as Agricultural Officer and their married life was initially happy. It is her case that during the posting of her husband at Nakhatrana, Ajar and Khedoi their relations as husband and wife were quite normal, and their married life was quite happy. However, after the transfer of her husband at Morvi the brothers of her husband and the mother came to reside with them and trouble started in the marital life. It is her further case that she was ill-treated by her husband and such ill-treatment resulted into mental depression to her, and she was required to be taken to her parent's place. It is her case that thereafter her husband has not permitted her to stay with him and has neglected to maintain her. She has, therefore, filed suit to recover maintenance as the husband has neglected to maintain her. In paras 16 to 18 of the application Exh. 7 she has stated that the husband is serving in the cadre of officer in the Bank of Baroda and drawing salary of more than Rs. 5,000/-p.m. She has further stated that land admeasuring 16 acres and 5 gunthas at village of Pipadia of Morvi Taluka belongs to joint family in which her husband has 1/3rd share. Similarly, there is a big residential house at village Pipadia in which her husband has 1/3rd share. She has further stated that at Morvi there is a residential house of the ownership of the husband. Details of other properties are given, and she has further averred that she has no income nor has she any source of income. She has stated that she has been staying with her parents from the date she has been deserted and that she is entitled to maintenance at the rate of Rs. 3,000.00per month looking to the income of her husband.

(3.) To said application for maintenance the petitioner-Husband has filed written statement at Exh. 17 inter alia contending that the wife was suffering from some mental ailment and she was required to be treated by psychiatrists. It is his further case that since the end of 1986 wife was required to be treated by Dr. Kakkad, Psychiatrist and was treated by Dr. V. D. Shah and Dr. Rajesh Maniar, both Psychiatrists of Ahmedabad. He has further stated that since the wife was suffering from mental disorder and was behaving quite awkwardly and improperly it was not possible for him as well as his children to stay with her. He has further submitted that the wife was not in a position to look after the children and the children and himself were often required to go to school and office respectively without any food. He has further stated that since wife was not in a position to attend to the daily chores and to look after household work his mother and brother's wife were called to stay with them and that his wife has ill-treated them. He has further submitted that after permissible deductions his salary was only P.s. 3,391/- per month and that he has the responsibility of maintaining his mother, two children who are grown up besides himself. He has further submitted that the wife is wellplaced in life and is being fully looked after by her parents and that no maintenance is required to be awarded to her.