LAWS(MPH)-1958-10-6

PADMALOCHAN JAGATRAM AGHARIA Vs. SULOCHANA PADMALOCHAN

Decided On October 23, 1958
PADMALOCHAN JAGATRAM AGHARIA Appellant
V/S
SULOCHANA PADMALOCHAN Respondents

JUDGEMENT

(1.) THIS appeal is by the defendant against the judgment and decree passed by Shri s. H. Pagare, Civil Judge Class I, Raigarh in Civil Suit No. 138-A of 1951 decided on 28-2-1955, decreeing the respondent's claim for maintenance and dismissing the appellant's claim for restitution of conjugal rights. The appellant has not filed an appeal against the decree dismissing the claim for restitution of conjugal rights. Therefore, in the present appeal we have to consider only the question of maintenance.

(2.) THE respondent, in her plaint, alleged that she was the legally married wife of the appellant. About three) years back (i. e. in the year 1947) the appellant married a second wife and later turned out the respondent in February, 1949. It was alleged that in February 1949 a caste Panchayat was called, when the appellant refused to allow the respondent to live with him, but agreed to pay Rs. 45/- per month as maintenance. In accordance with the Panchayat agreement, the appellant paid Rs. 90/- towards the maintenance allowance of February and march, 1949, but stopped further payments. Therefore, the respondent claimed rs. 765/-towards arrears from April 1949 to August 1950 and future maintenance at the same rate.

(3.) THE appellant, in his defence, admitted the relationship and the fact that he had married another wife. He, however, denied that he had turned out the respondent or that he had agreed to pay maintenance in the caste Panchayat. He alleged that he was willing to allow the respondent to live with him and, therefore, he claimed restitution of conjugal rights. He denied payment of maintenance for February and march, 1949. He also denied the quantum of maintenance claimed.