MEENAKSHI ASHOKBHAI DOSHI Vs. ASHOK DHIRAJLAL DOSHI

JUDGEMENT

(1.) This is as appeal filed by the respondent with against the decree of divorce passed against her by the City Civil Court, Bombay. For the sake of convenience, the parties will be referred to with reference to their position in the trial Court as petitioner and respondent, the husband being referred to as the petitioner and the wife being referred to as the respondent.

(2.) To state it very briefly, the petitioner husband filed the petition against the respondent wife for divorce on the ground that with effect from 25th October, 1976 she left the matrimonial home with the intention not to return back to the matrimonial home at any time. In other words, according to the petitioner she deserted him for good on and with effect from 25th October, 1976 and that she had not come to the matrimonial home right till the date of the petition which was filed on 4th March, 1980.

(3.) Pending the hearing of the petition, she made an application for interim alimony and interim alimony had been awarded to her by the Court at the rate of Rs. 850/- per month for herself as well as for the child from the marriage.