PUSHPABAI Vs. DEELIPRAO

JUDGEMENT

(1.) Heard. On 4th June, 2003,

(2.) The Respondent Deelip has disputed his matrimonial relation with Pushpa and also disputed paternity to the children Namrata and Aakash. Learned JMFC, Osmanabad disapproved the same and awarded maintenance. However, learned Additional Sessions Judge held that marital tie of Smt. Pushpa with her earlier husband Somnath Shahir, was not legally terminated in a divorce or otherwise; and secondly, she could not stake claim to maintenance. He refused maintenance to the children on same count.

(3.) In order to establish the marital relations before the learned JMFC, evidence of petitioner, as wife; her father Amrut, Tukaram and Manoj, who attended the marriage held at shankarappa Math, Udgir, was recorded. In the cross-examination, these witnesses were asked about Somnath or his whereabouts, it was in clear tune and tone informed, that Somnath was no more. Mere assertion by Deelip that Somnath was seen by him, could not be a ground for the learned Additional Sessions Judge to have accepted the same and disbelieved narration by four witnesses.