PREMANBAI Vs. CHANNOOLAL

JUDGEMENT

(1.) This is a second appeal by the plaintiff Smt. Premanbai who has lost her suit in both the Courts below.

(2.) THE appellant (plaintiff) was married of the age of (sic) to the respondent (defendant) Chhanholal. They did not get on well together, and the appellant is now residing with her father She applied under Section 488, Criminal productive Case, for maintenance, but her application was dismissed on the respondent raising a plea that she had been velidly divorced. Accordingly, she filed the present suit for a declaration that the marriage between the paries subsists. She also claimed restitution of conjugal rights and maintenance at the rate of Is. 15 per month.

(3.) THE Courts below have held that there is a custom amongst Patwas the case to which the parties belong according to which divorce can take place by mutual constant They held that such divorce did take place, as alleged by the respondent. The suit was, therefore dismissed.