KESARABAI Vs. HARIBHAU

JUDGEMENT

(1.) Kesarbai, the present, appellant a Hindu wife in her forties, seeks to enforce her right of separate residence and maintenance against her husband, respondent Haribhau.

(2.) By the impugned judgment the Assistant Judge, Akola, reversed a decree in her favour and dismissed her application finding that she had not proved the grounds.

(3.) Kesarbai had filed the application mainly seeking relief on the plea that Haribhau had deserted her and further that he had kept a concubine by name Sulochana the trial Court on both these matters found in her favour inter alia holding that from February 1958. Hari Bhau had deserted Kesaribai: that he had kept a concubine by name Sulochana at Khambra where he has another residential house and that kesarbai was entitled to Rs.50/- per month as past and future maintenance. He also directed a charge against the immovable property being Survey Nos. 1/1-A, 1/5, 6/1. and 15/1 shown in Schedule B and a bungalow near lady Harding Hospital, Akola. The appellate Court found that the evidence in the matter of desertion, as was spoken to by Kesarabi and her witnesses was not convincing and he further found that Hari bhau had admittedly kept a concubline but that was not in the same house where Kesarbai stayed with him at Khambors. He thus thought that the grounds mentioned by Section 18(2) of the Hindu Adoption and maintenance Act, 1956 were not made out. He die not consider the latter part of clause (e) of Section 18(2) of the Act on a view that kesarbai had contended that Sulochana, the concubine was kept in the residential house but that has not been established. In other words, though, in fact, it was admitted by the husband Haribhau that he had kept the concubine, only because it was not shown that she was kept in the residential house where wife was living the appellate Court negatived the claim of kesarbai. On the question of quantum Rs.75/- for past and future maintenance would meet the ends of justice. Having found on the main issues against the wife he allowed the appeal of the husband.