SH. I.R.S. MEHTA Vs. TARWINDER KAUR

JUDGEMENT

(1.) This judgment will dispose of Regular Second Appeal No. 1755 of 1989 filed by appellant Major IRS Mehta and Cross-Objection No. 18-C of 1989 filed by respondent Tarwinder Kaur.

(2.) Tarwinder Kaur was married with Major IRS Mehta on 10.5.1971 and she gave birth to two twins, i.e. a son and a daughter, on 3.3.1972. Mehta remained posted at different stations and the parties resided together till Nov., 1980, at Imphal, the last place of posting of Major Mehta. Thereafter, the parties parted company. Tarwinder Kaur moved the Army authorities and she along with her children was granted maintenance allowance from the pay and allowances of her husband with effect from 1.10.1981 for a period of three years, subject to the condition that appropriate orders would be obtained from the Civil Court. Major Mehta also moved the Court for a decree of divorce against his wife but he was unsuccessful and his appeal against the decision of the matrimonial Court was dismissed by the High Court.

(3.) Tarwinder Kaur filed a suit for maintenance allowance at the rate of Rs. 1200.00 per month claiming that she had been deserted by her husband without any sufficient cause. It was claimed that she approached the defendant at Agra and she requested him to maintain her but he refused to do so. Her father and uncle also approached the defendant at Agra and tried to persuade him to maintain the plaintiff-wife and her children but the defendant refused to do so. It was also claimed that the plaintiff-wife was treated with cruelty; and she informed the Army authorities and she was allowed Rs. 400.00 per month as maintenance and her children were allowed Rs. 250.00 per month.