SHANTABEN TULSIDAS SHARMA Vs. TULSIDAS MADHAVDAS SHARMA
LAWS(GJH)-1979-12-33
HIGH COURT OF GUJARAT
Decided on December 03,1979

SHANTABEN TULSIDAS SHARMA Appellant
VERSUS
TULSIDAS MADHAVDAS SHARMA Respondents

JUDGEMENT

D.H.SHUKLA - (1.) The appellant Shantaben Tulsidas Sharma claiming to be a wife of the respondent Tulsidas Madhavdas Sharma filed Civil Suit No. 1173 of 1977 in the City Civil Court at Ahmedabad alleging that the respondent had treated her with cruelty and further that the respondent had deserted her and consequently she prayed that the respondent be ordered to pay a monthly amount of maintenance at the rate of Rs. 1500/to her from the date of the suit and that a charge for the same be created on the properties of the respondent.
(2.) The respondent contested the appellants suit by filing a written statement at Exh. 9. The main contention which the respondent raised in his defence was that the plaintiff was not his lawfully wedded wife and that she was not legally entitled to claim any maintenance from him. He denied that he was guilty of any cruelty towards her and he also denied that he had deserted her. He alleged that in fact it was the appellant herself who was guilty of an erratic and harassing conduct towards him. It must be noticed however that the respondent did not deny cohabitation with her and he also did not deny that four children were borne by her to him out of a prolonged period of cohabitation.
(3.) The learned trial Judge framed issues at Exh. 12. He raised issues concerning the allegation of cruelty and desertion and he decided both of them against the appellant. He also raised an issue about the legality of the appellants marriage with the respondent and in deciding the issue he upheld the validity of the marriage.;


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