MANGALA BHIVAJI LAD Vs. DHONDIBA RAMBHAU AHER

JUDGEMENT

(1.) The vexed question of law that arises for consideration in this appeal relates to right to claim maintenance of a Hindu woman who is married after coming into force of the Hindu Marriage Act, 1955 to a Hindu male having a legally wedded wife.

(2.) The brief factual background against which the question is required to be considered is as follows :

(3.) The Family Court by its judgment and decree dated 3rd August, 2006 partly allowed the petition of the respondent and rejected the counterclaim of the appellant. The Family Court found that marriage of the appellant with the respondent had taken place during the subsistence of the respondent s first marriage ' and consequently is void. However, it refused the declaration as sought by the respondent that the marriage is void in view of Section 23(a) and (d) of the Hindu Marriage Act 1955, on the ground that by filing the petition for nullity of the marriage, the respondent wanted to take advantage of his own wrong. Also there was unnecessary, unreasonable and improper delay in instituting the petition. The Family Court, however, restrained the appellant from visiting the respondent's place of residence and place of his work.