NANDANA CHANDRAKANT MEHTA Vs. CHANDRAKANT P MEHTA

JUDGEMENT

(1.) The above first appeal is filed by the wife against her husband challenging an order of maintenance directing payment of Rs. 300/- to her and Rs. 50/- each to her two sons, Deepak and Uday, on the ground that having regard to the position and status of the parties, reasonable wants and the grounds of the decree for judicial separation passed in her petition and the needs of the children, the sum of Rs. 400/- ordered to be paid by the husband is inadequate.

(2.) The marriage was celebrated on May 10, 1955 at Umreteh, according to Hindu Vadic rits. Deepak was born on December 7, 1962 Uday was born on December 25, 1966. A third son was born but unfortunately he died a day after his birth. The appellant had described the circumstances in which the husband and wife came to love each other and married. It seems that the appellant and the respondent came to know each other in or about the year 1952 on the occasion of the thread ceremony of the wifes cousin. The husbands house in Umreteh was opposite to the wifes mothers house. The appellants mother was at that time a teacher in primary school in Umreth. The husband was studying in L.M. Pharmacy College at Ahmedabad. The wife also went to Ahmedabad for further prospects of her studies and joined S.N.D.T. College.

(3.) It is not necessary to set out all other circumstances which let to the marriage because on account of disputed between husband and wife, the wife filed a petition for judicial separation on the ground of desertion and cruelty. It was not opposed by the husband and a decree for judicial separation was passed on October 7, 1970.