VITTHAL HIRAJI JADHAV Vs. HARNABAI VITTHAL JADHAV

JUDGEMENT

(1.) THE petitioner is here by assailing correctness, propriety and legality of the order, which has been passed by J. M. F. C. , Pimpri, in the matter of Misc. Application No. 97/1996, whereby he granted alimony to the tune of Rs. 400/- per month, as well as Rs. 5000/- as cost of litigation to respondent No. 1, who was the applicant in the said misc. application.

(2.) THE controversy arose when respondent No. 1 Harnabai submitted an application for getting alimony by presenting petition in the said Court by averring that she had married the present petitioner 33 years back at Shiral, chinchodi, Taluka Pathardi, District Ahmednagar. She averred that she lived with the petitioner as his legally wedded wife for 10 years and out of that wedlock a son named Maruti was born. She further averred that thereafter, present petitioner married another woman named Parvatibai Patole and both were living together at Chembur, Mumbai. She again averred that even thereafter, the present petitioner married yet another woman named Mayadevi ramble at Mumbai. She averred that she made her best to cohabit with him, but he refused and therefore, she is living neglected and not maintained by her husband. She happens to be entitled to receive alimony from him, as she does not have any source of livelihood for maintaining herself.

(3.) THE present petitioner averred that in the year 1993, he paid Rs. 20,000/- to respondent No. 1 and they were divorced in view of customary system of divorce, which happens to be prevalent in their community known as "mahar". He further averred that by virtue of said agreement, respondent No. 1 had given up her right of claiming future maintenance and their marital relations were disconnected. He also averred that respondent No. 1 is trying to extract money by putting pressure on him of a litigation.