BABANNA HANUMANTA CHAIWADI Vs. HULGANNA BABANNA CHALWADI

JUDGEMENT

(1.) HEARD both sides at length.

(2.) THE Respondents herein filed the suit as indigent person claiming maintenance. The Respondent No. 1 claimed to be the wife of the Appellant and Nos. 2 to 4 are children from him. Application Exhibit 5 came to be filed for interim maintenance alleging that appellant has deserted them and they have no source of income and for temporary injunction restraining the appellant from dispossessing them from matrimonial house. The respondents urged that Appellant was working in Dharamsi Morarjee Chemicals Co. Ltd. in Super Packing Department and was getting monthly salary of Rs. 4,000 and he was also having nearly 12 Acres of agricultural land at native place i. e. at Odlur, Raichur and was getting income of Rs. 50,000 to Rs. 60,000. They claimed that they are entitled to get maintenance to the tune of Rs. 4,000 per month. The Appellant filled reply and did not contest the claim of the respondents regarding temporary injunction. However, he Contended that respondent No. 1 was not legally wedded wife and hence neither Respondent no. 1 nor Respondent Nos, 2 to 4 were entitled to get any maintenance.

(3.) THE said application came to be heard by the IInd Joint Civil Judge, s. D. , Thane who by his order, dated 9-10-1992 held that each of the Respondent was entitled to get in term maintenance at the rate of Rs. 500 per month. The temporary injunction restiaining the Appellant from dispossessing the respondents from matrimonial or residential premises was also granted. The Appellant was also directed that he should pay expenses of Rs. 2,000 to the Respondent No. 1 for her delivery. The said order is under challenge in this Appeal.