NEETA DEELIPKUMAR SUCHAK Vs. DEELIPKUMAR MOHANLAL SUCHAK

JUDGEMENT

(1.) The petitioner herein Neeta Deelipkumar Suchak, has filed this petition in forma pauperis against her husband-respondent No. 1, her husbands three brothers-respondents Nos. 2, 3 and 5 as also against her father-in-law respondent No. 4, and two Companies-respondent Nos. 6 and 7 being presumable the Partnership Firms of respondents Nos. 1 to 5. The petitioner has prayed firstly that she may be permitted to sue in forma pauperis; Secondly, that, the respondents Nos. 1 to 5 be ordered and decreed to pay to the petitioner a sum of Rs. 5,000/- per month from the date of the petition ; thirdly, the petitioner prays for a decree against the respondents for the sum of Rs. 27,528/- together with interest thereon at the rate of 18 per cent per annum from 21-10-1979 till payment ; fourthly, the petitioner has prayed that respondent Nos. 1 to 5 be ordered to return to the petitioner articles and things mentioned in Exhibit D to the petition, or in the alternative, in the event of respondents Nos. 1 to 5 failing to return her articles and things a decree for the sum of Rs. 45,000/- be passed against them together with interest thereon at the rate of 18 per cent per annum from the date of the suit till payment ; fifthly, the petitioner has prayed that respondent Nos. 1 to 5 be called upon to render account to the petitioner on the footing of wilful default in respect of the income accruing to the petitioner or standing to her credit or payable to her in any of the businesses mentioned by her in her petition together with interest on the said amount that may be ascertained on taking such accounts at the rate of 18 per cent per annum from the date of the suit till payment ; sixthly, the petitioner has prayed that respondents Nos. 1 to 5 be ordered and decreed to pay to the petitioner a sum of Rs. 95,000/- as arrears of maintenance for a period of three years prior to the date of the suit with interest thereon at the rate of 18 per cent per annum from the date of the suit till payment ; seventhly, the petitioner has prayed for a declaration that the petitioner had a charge on the immovable properties belonging to respondents Nos. 1 of 5 in respect of the amounts that may be decreed by this Court and in the event of the failure on the part of the respondents Nos. 1 to 5 to pay the said amount, for an Order of sale of the said immovable properties so charged; eighthly, the petitioner has prayed that inquiries be made, directions be given and order passed, and accounts be taken for the purposes aforesaid. Lastly, the petitioner has prayed for costs of the petition.

(2.) After the filing of the petition, the petitioner took out a Notice of Motion bearing No. 495 of 1982 for interim maintenance. The notice of Motion appeared before my learned brother Kania, J. The parties took a consent order before Kania, J. on 30-8-1982. Under the said order respondent No. 1 agreed to pay a sum of Rs. 500/- per month as maintenance for the son Jai from 1-9-1982. Kania, J., order that the petition and the Notice of Motion be placed on board for trial of preliminary issue regarding jurisdiction on 29-11-1982 peremptorily.

(3.) The petition has now appeared before me for the trial of preliminary issue of jurisdiction of this Court.