GANDHI HAVABHAI HUSSA Vs. GANDHI GHULAMHUSSAIN RASOOLBHAI MUSA

JUDGEMENT

(1.) THE petitioners are original applicants. Petitioner No. 1 is the wife of opponent No. 1 herein and petitioner No. 2 is the child born out of the wedlock between petitioner No. 1 and opponent No. 1. The petitioners filed an application for maintenance against the opponent. It was inter alia alleged that the marriage between petitioner No. 1 and the opponent No. 1 took place sometime before three years from the date of filing of the application. The application for maintenance was filed in the month of December, 1982. It was alleged that the petitioner -wife was deserted by the opponent -husband and that she was ill -treated. That opponent -husband was not taking care of the petitioner and the minor son, Therefore, she filed application claiming maintenance for herself and for minor child. Before the trial court, the opponent -husband appeared and resisted the application on facts as well as on law points. Both the sides led evidence. The trial court, on overall appreciation of evidence, and after hearing the parties, came to the conclusion that the petitioner -wife was entitled to stay separate and claim maintenance. The trial Court also came to the conclusion that petitioner No. 2 -minor son was also required to be paid maintenance by the opponent -father. The trial court therefore directed that the opponent -husband should pay an amount of Rs. 145/ - per month to the petitioner No. 1 wife as and by way of maintenance and Rs. 90/ - per month to the minor son Allaudin as and by way of maintenance.

(2.) AGAINST the aforesaid order passed by the trial Court, the opponent -husband preferred revision application before the Sessions Court. The learned Additional Sessions Judge, who heard the revision application, came to the conclusion that the petitioner -wife had no reason to stay separate and therefore, allowed the revision application partially and set aside the order of maintenance passed by the trial court. The learned Additional Sessions Judge also reduced the amount of maintenance granted in respect of minor son Allauddin and directed that instead of Rs. 90/ - per month, Rs. 50/ - per month be paid to the minor Allauddin as and by way of maintenance. Being aggrieved by the aforesaid judgment and order passed by the learned Additional Sessions Judge, Junagadh, the petitioner -wife his prefer red the present revision application.

(3.) THE learned Additional Sessions Judge thought, that the opponent - husband was ready to keep the petitioner -wife with him and after delivery of the child she was also taken at his house and it was on account of the insistance of the petitioner wife that they should stay separate, the petitioner was not willing to stay together. The learned Additional Sessions Judge also found that the insistance by the petitioner that the opponent should give surety for good behaviour was also not called for. On these grounds, the learned Additional Sessions Judge thought that the petitioner -wife was not entitled to stay separate and claim maintenance.