LAWS(MPH)-1982-4-43

KANHAIYA Vs. RESHAM BAI

Decided On April 28, 1982
KANHAIYA Appellant
V/S
RESHAM BAI Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 2-3-1981 passed by the fourth Additional District Judge Ujjain in Hindu Marriage case No. 15-A of 1980.

(2.) The facts giving rise to this appeal briefly stated are as follows. The appellant filed a petition against the respondent for restitution of conjugal rights. This petition was allowed. As the re was no restitution of conjugal rights between the parties after passing of the decree for restitution of conjugal rights the appellant filed a petition before the trial court for dissolving the marriage by a decree of divorce. The respondent contested the petition. The trial court dissolved the marriage by passing a decree for divorce and directed the appellant to pay a sum of Rs. 50.00 as monthly allowance to the respondent for her maintenance under Sec. of the Hindu Marriage Act. Aggrieved by the judgment and decree of the trial court in so far as it relates to the award of monthly allowance to the respondent appellant husband has preferred this appeal.

(3.) The learned counsel for the appellant contended that the trial court ought to have taken into consideration the conduct of the respondent and disallowed any amount to her as maintenance. He also contended that the respondent is earning by sewing clothes and therefore the trial court committed an error in directing the appellant to pay Rs. 50.00 to her as maintenance. The learned counsel for the respondent supported the decree of the trial court.