ALPANA PANDIT (GHOSH) Vs. KESTO PANDIT

JUDGEMENT

(1.) In spite of service there is no representation on behalf of the opposite party. The affidavit of service filed in Court today be kept with the record.

(2.) The application under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956 is rejected by the Trial Court on the premise that the wife has already approached the Judicial Magistrate under Section 125 of the Code of Criminal Procedure and is provided with the maintenance and there is no evidence pruduced before the Court relating to the cruelty perpetrated by the husband upon her.

(3.) The Court appears to have been swayed by the conditions laid down in Sub-section 2 of Section 18 of the said Act as a condition precedent for awarding the maintenance.