ARUN LAXMAN RAO Vs. MEENA ARUN NAVALKAR

JUDGEMENT

(1.) The parties are husband and wife. Their marital relationship began in Janua ry 1981 and ended in July 1981 when they separated. During the time that they were together they lived at Girgaum which was their matrimonial home being a family bungalow of ground plus 2 upper floors. It was a joint family property in which they lived with 2 brothers and 2 cousins of husband. They used 2 rooms and a bath on the second floor, and the common kitchen (mess) and hall for visitors. This lis began in 1984 and has left the parties as they were 22 years ago.

(2.) The wife separated and sued the husband for maintenance. The husband sued her for nullity of their marriage under Section 11 of the Hindu Marriage Act on the ground of their relationship being sapinda relationship, in the alternative for divorce on the ground of cruelty, desertion and schrezophrenia under Section 13(1)(ia) and 13(1)(iii) of the Hindu Marriage Act. The husband also sued for an injunction restraining the wife from coming into the matrimonial home which was his joint family property.

(3.) The Additional Principal Judge of the Bombay City Civil and Sessions Court decreed the husband' s petition being MJ Petition No.980 of 1984 on 29th Janua ry 1988. He declared the marriage to be null and void and granted him a decree of divorce on the ground of cruelty as well as an injunction restraining her from entering upon the joint family property of the husband. However, he directed him to pay costs of the Petition fixed at Rs.3000 / - .