LAWS(BOM)-1991-2-32

VAIJAYANTABAI Vs. KERU ANANT GANGARDE

Decided On February 19, 1991
VAIJAYANTABAI, KERU GANGARDE Appellant
V/S
KERU ANANT GANGARDE,SINCE DECEASED BY HIS HEIRS Respondents

JUDGEMENT

(1.) THE disastrous consequences of the age old anxiety for the birth of a male child that are suffered by the appellant No. 1 in this appeal are writ large on the face of the present proceedings.

(2.) THE question that is posed by this appeal is whether the appellant No. 1 can base her claim for maintenance under section 18 (2) (d) of the Hindu Adoptions and Maintenance Act, 1956, inspite of the fact that her marriage is not legal in accordance with the provisions of the Hindu Marriage Act, 1955. This claim has been denied by the trial court, leaving her to approach this court by this appeal.

(3.) ON January 8, 1975, the appellant No. 1 - Vaijayantabai for herself and on behalf of the appellant No. 2, her daughter Taibai, filed in forma pauperis Special Civil Suit No. 130 of 1975 in the court of the Second Joint Civil Judge, Senior Division, Ahmednagar for maintenance, arrears thereof, the marriage expenses and the cost of the suit.