SHARDA SHANTARAM PRABHALE Vs. NARENDRA SHANTARAM PRABHALE

JUDGEMENT

(1.) THIS case unfolds the story of an unfortunate village woman who was first deceived by her husband by not disclosing his prior relationship with another woman and subsequently leaving her with a daughter and denying a roof over her head. What is worse is that her difficulties are accentuated by a Civil Judge throwing away her case at the threshold by taking a technical view totally unsustainable at law.

(2.) THIS Appeal seeks to challenge the judgment and order of a learned Judge of the City Civil Court dated 8th january, 1999 in Suit No. 811 of 1980 rejecting the plaint on the ground that the dispute therein is entertainable only by the Family Court in view of section 7 (1) explanation (c)of the Family Courts Act, 1984.

(3.) THE facts leading to this Appeal and as narrated in the plaint are as follows :- The appellant claims to be the lawfully wedded wife of one Shantaram Laxman Prabhale. Both hail from Wai Taluka of district Satara. At the time of their marriage the appellant was given to understand that this Shantaram is a widower with two minor children yet, in spite of her resistence she was pressurised to marry him. The marriage took place on 27-6-1970 at Surul-Kavathe according to Hindu rites. This shantaram then brought the appellant to Mumbai where they stayed with his mother in Sunder Galli, Byculla. After a few days, he induced his two children to her.