SUSHILAHEN NAGINDAS Vs. SHATILAL RANGILDAS

JUDGEMENT

(1.) The appellant had filed, Hindu Marriage Petition No. 53 of 1980 for restitution of conjugal rights and also for maintenance. It was her contention that she was married with the respondent on 20th May, 1976 as per Hindu rites: She was driven out by the respondent without any reason or cause and that he was ill-treating her. She also served the notice dated 24th Jan., 1980 upon the respondent. The said notice was replied evasively by the respondent on 29th Jan., 1980. It is her contention that the respondent has got a factory and is earning about Rs. 20,000.00 per month. Therefore, in any case the maintenance at the rate of Rs. 4,000.00 per month should be awarded to her.

(2.) When the evidence was recorded, she was admitted in terms that when she was residing with her husband, she was well treated, but subsequently the respondent started quarreling with her. Her mother-in-law and the respondent asked her to get out of the house, therefore, she was staying with her parents since last 4 years and that the respondent had never tried to call her back. It is her say that after the death of his first wife the respondent had remarried her but before remarriage she was not informed that the respondent was operated (vasectomy). It is her say that her whole life was ruined by the respondent. With regard to the income of her husband she had stated that the respondent was having 30-32 warping machines. She had denied the allegation that she was earning about Rs. 300.00 per month.

(3.) After considering the evidence which was led on behalf of the appellant as well as respondent, the learned Assistant Judge, Surat, by his judgment and order dated 14th April, 1981 dismissed the application for restitution of conjugal rights ss well as for maintenance by holding that the respondent was earning about Rs. 400.00 per month and that he was required to maintain a large family. He further arrived at the conclusion that the appellant wife was doing the work of weaving border and it appears from the record that she was earning Rs. 250.00 or Rs. 300.00 per month.