GEETABAI MADHAVRAO LOKHANDE Vs. MADHAVRAO MARUTI LOKHANDE

JUDGEMENT

(1.) Challenge in this appeal is to judgement rendered by learned Civil Judge (S.D.), Shrirampur, whereby Special Civil Suit No. 22/2005 came to be dismissed.

(2.) Appellant is the original plaintiff. She filed suit for separate maintenance allowance and creation of charge of her maintenance allowance on the properties of respondent No.1/defendant No. 1. The respondents No. 2 and 3 are the original defendants No. 2 and 3. They have set up claim of adoption of respondent No. 2 by the respondent No. 1.

(3.) The appellant claims to be legally wedded wife of the respondent No.1. Her case before the Trial Court was that her marriage with the respondent No. 1 was performed prior to about 48 years in accordance with the rites and tenets of Hindu religion. She resided with him in the matrimonial house for about a couple of years after the marriage. He drove her away after consortium of about two (2) years. Though she and members of her natural family had made the efforts for restitution of conjugal rights, yet, he did not allow her to resume the matrimonial relationship. He deserted her without any sufficient reason. He is a womanizer and has squandered lacs of rupees in order to fulfil his sensual lust. He is a well-off person having agricultural properties, house property and movables, as described in the plaint.