RAM SHANKER RASTOGI Vs. VINAY RASTOGI

JUDGEMENT

(1.) A Family Court, under the purported exercise of powers under sub-sec.(2) of S.25 of Hindu Marriage Act, 1955 (hereinafter referred to as the Act) has increased the maintenance allowance of the wife. Hence this appeal, at the instance of the husband.

(2.) On 24/08/1973, the Second Civil Judge, Kanpur, accepted the petition preferred by the appellant under S.13 of the Act seeking the dissolution of his marriage. The allegations in the petition were these. Parties were married in June, 1967. In the middle of September, 1968, the wife left the husband without any lawful justification and did not return. The wife was a woman of peevish nature, irritable temper, foul tounge, quarrelsome and abused the husband in the foulest language. She was unwomanish and beastly in the matter of sex indulgence.

(3.) The wife admitted the allegations made against her deposition. She prayed that a decree of divorce be passed in favour of the husband, provided the latter paid a sum of Rs. 200.00 per month as maintenance allowance during her life time. The husband accepted the offer of the wife.