ASHOK Vs. CHAYABAI

JUDGEMENT

(1.) -This application is filed by the petitioner-husband challenging the order of maintenance in favour of the wife and daughter respondent Nos. 1 and 2 ordered by the courts below.

(2.) Shri Badve, appearing for the petitioner, mainly contended that the petitioner had filed proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against the wife respondent No. 1 Chayabai and a decree has also been passed in his favour in those proceedings. Therefore, relying on the decision of the Division Bench of this Court in Sharadchandra Satbhai v. Indubai Satbhai and another, 1978 Mah LJ 123, he contended that the wife Chayabai was not entitled for any maintenance.

(3.) I am unable to appreciate the arguments advanced by Shri Badve in this connection. Recently, the decision of the Division Bench came for consideration before the single Judge of this Court in Mrs. Amina Mohammedali Khoja v. Mohammedali Ramjanali Khoja and another and this Court has held that mere obtaining of a decree for restitution of conjugal rights is not enough but after obtaining such a decree the husband must satisfy the court that he had taken effective steps to get such a decree satisfied in the sense that he had made genuine and honest efforts to see that his wife would come back to him. I am in agreement with the view taken by the single Judge of this Court in Mrs. Amina Mohammedali Khoja's case.