KRISHNA KANT R. DALVI Vs. SADHANA K. DAVI

JUDGEMENT

(1.) This judgment disposes of First Appeals Nos. 38 and 39 of 1982 both preferred by a husband against his wife, and also cross-objections preferred by the wife in First Appeal No. 39 of 1982. The husband had filed M.J. Petition No. 241 of 1977 in the Bombay City Civil court for divorce under Sec. 13 of the Hindu Marriage Act. The wife, for herself and acting as next friend of the two minor children, thereafter filed Short cause Suit No. 5402 of 1980 against the husband in the lower Court for separate maintenance. The lower Court heard both the matters together and disposed of them by a common judgment recorded in the divorce proceedings. The common evidence is also recorded in the same proceedings. The learned Judge has dismissed the husband's petition for divorce and partly allowed the wife's suit. He has held that the wife is entitled to live separate from the husband, alongwith her two minor issues. As such he has granted in favour of the three plaintiffs a perpetual injunction restraining the husband from dispossessing them of flat No B/17 of Shiv Prabha Building, Bandra, where they have admittedly been residing since long. The learned Judge has granted 200.00 each as monthly maintenance for the two minor children. He has declined the wife's prayer for maintenance for herself on the ground that she has been earning enough for herself.

(2.) The material facts are these : Krishnakant Raoji Dalvi who is the husband married respondent Sadhana Dalvi in 1952. After the marriage till 1963 or so the wife continued to stay at Belgaum, where she was working as a Primary School Teacher. The husband had been staying at Bombay since before the marriage. Upto 1974 or so he resided in a flat on Delisle Road, along with his two elder joint brothers. There were three issues born of the wedlock, namely, Uday, Jyoti and Deepak. Uday who was born at Belgaum in Oct. 1956, unfortunately met untimely accidental death in March 1979 in Australia, while he was working as a cadet on board a ship belonging to the Chougue. Jyoti and Deepak were born in Sept. 1967 and Nov. 1969 respectively at Bombay. In 1963 the wife joined the husband at Bombay and the family was residing in the Delisle Road flat till 1974, as already indicated above. After coming to Bombay she has continued to work here also as a Primary School Teacher. It appears that till 1970 or so the relations between the husband and wife were quite smooth. Thereafter troubles started brewing between the two. In June 1974, a flat (flat No. 8/17) was acquired at Bandra and the family shifted to it.

(3.) In this petition the husband claimed divorce on two grounds, namely, cruelty and desertion. I shall refer to the particulars of alleged cruelty later on while discussing the evidence. The plea of desertion is given up by the husband in the lower Court itself. In the counter suit, the wife claimed separate residence for herself principally on the ground of husband's cruelty. It was also alleged that he has been living with a concubine by name Miss Kavita Navalkar. The wife also claimed monthly maintenance of 250.00 for herself, and 500.00 each for the two minor children.