NIRMALDAS RATAN ALHAT Vs. SUNITA NIRMALDAS ALHAT

JUDGEMENT

(1.) The petitioner impugns the order dated 23rd april, 1998 passed by the learned Principal Judge, Family Court, Aurangabad in maintenance Petition No. E. 1180/1997, awarding maintenance to the respondents 1 to 3.

(2.) Briefly stated, petitioner and respondents are inter-related. Respondent no. 1 is the daughter of maternal uncle of the petitioner. Their marriage was solemnized in the month of May 1991. Respondent No. 2 Sonali and respondent no. 3 Nitin are born within the wedlock. Respondent No. 1 was subjected to ill-treatment as demand for Rs. 10,000/- for development of the agricultural land, was not met by her parents. About 2 months prior to filing of the petition on 5th october, 1997, respondent No. 1 was subjected to severe beating and was driven out from the house. Furthermore, she was threatened not to return. The petitioner did not make any provision for the maintenance of the respondents. Therefore, respondent No. 1 filed a petition in the Family Court for maintenance.

(3.) The petition for maintenance was resisted by the present petitioner on the ground that his wife was living in adultery. According to petitioner, his nephew had given him information about adulterous conduct of respondent No. 1. Respondent No. 1 left the house on 10-6-1997. On 12-6-1997 she was brought to matrimonial house by her parents. On that occasion, respondent No. 1 admitted her adulterous conduct and sought forgiveness. However, she was not forgiven. Since then she had not returned to her matrimonial house. According to the husband, in view of adulterous conduct, the respondent No. 1 is not entitled to separate maintenance.