KALIDAS S O DURGAJI SHINDE Vs. PARWATIBAI

JUDGEMENT

(1.) This revision application by the husband is directed against the order passed by the Sessions Judge, Parbhani, reversing the dismissal of the respondents application for maintenance and awarding Rs. 50/- per month as maintenance to her.

(2.) The respondents case was that she was married to the petitioner about six years ago and resided with him for about 15 months, but he treated her with cruelty and drove her out of the house thus requiring her to reside with her brother. Several attempts to bring about reconciliation failed. The petitioner thereafter filed a petition for restitution of conjugal rights and obtained a decree against, though he never desired to take her to his house. He thus refused and neglected to maintain her. Contending that she was unable to maintain herself, while the petitioner had sufficient means to maintain her, she sought a direction against the petitioner for paying Rs. 250/- per month as maintenance. The petitioner resisted the application by urging that because of his desertion by the respondent, he had to bring a proceeding for restitution of conjugal rights and obtained a decree for restitution in 1977. Since that decree was not obeyed, he brought a petition for divorce and obtained a divorce against her. He denied his liability to pay maintenance.

(3.) The learned Magistrate found that the respondent had not proved that the petitioner had refused and neglected to maintain her and that though she was unable to maintain herself she was not entitled to maintenance. The learned Sessions Judge took note of the fact that a divorce had been obtained and that on that Court the respondent became entitled to ask for maintenance. He, therefore, awarded Rs. 50/- per month as maintenance to the respondent.