BAI RAMILABEN Vs. KANTILAL SHANKERLAL

JUDGEMENT

(1.) The question of considerable importance affecting a womans right to obtain an order of maintenance and against whom a decree for judicial separation is passed under sec. 10 of the Hindu Marriage Act 1955 is raised in this revision application.

(2.) In order to appreciate the point canvassed before me a few relevant facts may be stated.

(3.) The petitioner Bai Ramilaben daughter of Ambalal Jinabhai and wife of Kantilal Shankerlal of Baroda is the lawfully wedded wife of the opponent-husband. The marriage was performed on June 10 1971 at Baroda as per Hindu religious rites and ceremonies. After the marriage the petitioner-wife resided with her husband at Bombay. It was alleged that the opponent-husbands behaviour towards her was not good as her father had given less amount as Kariawar at the time of the marriage. the opponent-husband was residing in a joint family along with his brother and sisters who used to mentally torture the petitioner-life in regard to the amount of Kariawar amount. Suffice it to state that the entire family of the husband was cruel to the petitioner-wife and she was being mentally tortured. The petitioner-wife went on tolerating the cruel treatment given to her by the husbands family for about 2 to 3 months and thereafter the opponent-husband sent the petitioner to her parents. The petitioner stayed at her parents house for 2 months and thereafter with a hope of having a happy home she went to the opponent-husbands house but again the whole family harshly taunted her and within a period of one month thereafter she was driven out from the husbands house. The petitioner was taken to her parents house by the husbands sister. Under the circumstances when she filed the present application on July 2 1975 in the Court of the learned Judicial Magistrate First Class Baroda being Miscellaneous Application No. 47 of 1975 she was residing with her parents. She stated in her application that the husband was earning about Rs. 700.00 per month and that she was unable to maintain herself. She also stated that she was willing to go and stay with the opponent-husband but the opponent No. 1 had deserted her. Under the circumstances she claimed Rs. 150.00 per month as the amount of maintenance.