PANDITRAO CHIMAJI KALURE Vs. GAYABAI

JUDGEMENT

(1.) THE brief facts are that the appellant in Second Appeal No. 88/1984 viz. Gayabai w/o Panditrao Kalure (original plaintiff) had claimed that she was a legally wedded wife of Panditrao Chimaji Kalure (original defendant ). Gayabai had filed a Regular Civil Suit No. 193/1969 for grant of maintenance from Panditrao Chimaji Kalure and also claimed maintenance for the previous three years. In the said Regular Civil Suit, Gayabai had contended that they have been married for 11 years and that she has been living with her husband for a period of five years and eight months. In the year 1963, Panditaro Kalure had obtained a job as a teacher and he had declined to take her with him at the place of service at village Bhogalwadi. Gayabai had alleged that Panditra Kalure, had ill-treated her. It appears that said Gayabai had also filed an application for maintenance under Section 488 of Cr. P. C. In the said proceedings Panditrao Kalure had produced a Divorce Deed, mentioning that the said marriage was mutually dissolved between the parties by consent on 5-5-1967. The Criminal Court had accepted the said Divorce Deed and had rejected the application of Gayabai for maintenance. In the aforesaid suit, Gayabai had contended that she had never given such a divorce and there was no customary practice in her community to enter into any such Divorce Deed and also contended that the said Divorce Deed was a false and fabricated document, as such, same ought to be declared as null and void.

(2.) THE main contention of Gayabai was that her husbnad was not maintaining her and that she was being maintained by her parents. She had also alleged that Panditrao Kalure receives a monthly salary of Rs. 200/- and that he is a member of a joint family which owns 45 acres of land and out of which, 10 acres are irrigated land. Under these circumstances, Gayabai had claimed Rs. 100/- p. m. as maintenance and Rs. 3,600/- as past maintenance. She had also prayed for a declaration that the Divorce Deed dated 5-5-1967 to be declared null and void, being a false and fabricated document. She had also sought a declaration that she is a legally wedded wife of Panditrao Kalure.

(3.) THE defendant Panditrao Kalure had filed his Written Statement contending that as per the prevailing custom, he had divorced his wife Gayabai by executing Divorce Deed on 5-5-1967. He had also contended that the marriage had taken place almost 15 years back when both of them were minors. He had strongly disputed that Gayabai was residing with him for five years and eight months. On the contrary, he had contended that Gayabai hardly resided with him for a period of two years or so after their marriage. Panditrao Kalure had strongly disputed that he had ever ill-treated Gayabai and he had strongly denied that he had ever deserted her and driven her out of the house.