LAWS(BOM)-1993-8-83

NAVNIT DAYABHAI PATEL Vs. AMBICA NAVNIT PATEL

Decided On August 26, 1993
NAVNIT DAYABHAI PATEL Appellant
V/S
AMBIKA NAVNIT PATEL Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated February 29, 1991 passed by the 3rd Family Court, Bombay, whereby the learned Judge allowed the petition filed by the respondent seeking restitution of her conjugal rights with the appellant By the selfsame judgment the learned Judge directed the appellant to pay a sum of Rs. 500 per month as maintenance to the respondent and her child until cohabitation took place. Besides, the learned judge directed payment of Rs. 500 towards cost of the petition.

(2.) ACCORDING to the respondent, her marriage with the appellant initially took place on January 2, 1988 at a temple and thereafter the marrage was registered on August 10, 1988. The further case of the respondent was that the marriage was preceded by an amorous relationship with the appellant as a result of which she conceived

(3.) IN contesting the petition the appellant contended that he came to know the respondent during a train journey and he used to occasionally speak to her over telephone. According to him. one day the respondent's brother approached him and said that his sister, that is, the respondent was pregnant and that the appellant should marry her It is under such circumstances, the appellant contended, he was forced to marry the respondent.