AJIT BHAGWANDAS UDESHI Vs. KUMUD AJIT UDESHI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 29th February, 1996 passed by the Seventh Family Court, Mumbai at Bandra in M. J. Petition No. A-529 of 1988.

(2.) THE factual matrix lies in narrow compass. The appellant and respondent married on 25th November, 1960. The parties to the appeal have three issues from the said wedlook. The appellant is working with Life Insurance Corporation as Development Officer.

(3.) IT appears that the matrimonial dispute cropped up between parties sometime in the month of November 1980 i. e. after 20 years of married life, which, ultimately, resulted in a long drawn matrimonial litigation. The appellant moved Family Court against the respondent on various grounds for seeking decree of divorce. The Family Court considering the pleadings of the parties, framed issues relevant to the pleadings of the parties and after full trial was pleased to grant decree of divorce holding that the respondent (wife) deserted appellant (husband) for a continuous period of not less than two years next before filing of the petition and was also pleased to allow permanent alimony at the rate of Rs. 1,000/- per month from 29th February, 1996. In addition to the said amount of permanent alimony, the Family Court was also pleased to grant shelter. In other words, the residential premises; which the respondent was occupying at the time of initiation of matrimonial dispute and decision thereof, was allowed to be retained by her with a declaration that the respondent (wife) would be entitled to reside on the ground floor of the said premises.