SHAKUNTALABAI SAHABRAO PAWAR Vs. SAHEBRAO RAMBHAU PAWAR

JUDGEMENT

(1.) The above appeal is filed by the wife being dissatisfied with the decree passed by Kantawala J., as he then was, on Sept. 23, 1970, in First Appeal No. 397 of 1969 which she had filed against the judgment and decree passed by the learned Civil Judge, Senior Division, at Ahmednagar, in Special Civil Suit No. 14 of 1965.

(2.) She had filed that suit against her husband on Dec. 3, 1964 in the form of an application in forma pauperis; and later it was converted into and registered as Special Civil Suit No 14 of 1965. They were married in 1955. She was treated well for some time. But soon, differences developed between the husband and wife, as the husband felt that he was not treated with due respect at the time of her sister's marriage. Instigated by her mother-in-law, the husband thought of marrying again and began to ill-treat the wife. Her mother-in-law also ill-treated her. They were separated since 1960 when he beat her and reached her to her parents' place in village Devlali-Pravra, taluka Rahuri of district Ahmednagar.

(3.) In 1961, the husband filed Hindu Marriage Petition No. 56 of 1961 against her claiming divorce on the ground of alleged adultery. The petition was opposed by the wife. She contended that the allegation of adultery was false. The trial Court dismissed the petition. The decision was confirmed in an appeal by the husband. During the course of these proceedings, upon an application made by her, interim alimony at the rate of Rs. 50 per month was awarded under section 24 of the Hindu Marriage Act. An appeal by the husband against this order for interim alimony was dismissed by this Court by its decision dated Nov. 29, 1963 in Appeal from Order No. 301 of 1963.