LAXMI DNYANADEO NETKE & ANR. Vs. DNYANADEO VITTHAL NETKE & ANR.
LAWS(BOM)-2017-10-50
HIGH COURT OF BOMBAY
Decided on October 06,2017

Laxmi Dnyanadeo Netke And Anr. Appellant
VERSUS
Dnyanadeo Vitthal Netke And Anr. Respondents

JUDGEMENT

SHALINI PHANSALKAR-JOSHI,J. - (1.) Heard learned counsels for petitioners and respondents.
(2.) By this petition, the common order dated 17.7.2014, passed by Family Court, Solapur in Petition No.E-05 of 2012 and E- 313/2012, is challenged by the petitioner wife and her minor son. By the impugned order, the trial Court has rejected her application for enhancement of maintenance and at the same time, allowed respondent's application for cancellation of maintenance.
(3.) The only ground on which the trial Court, appears to have cancelled the maintenance, earlier awarded to the petitioner at the rate of Rs.575/- per month, was that she is living in adultery. For this purpose, the trial Court has relied upon the evidence of the witness by name Gautam Pawar with whom according to trial Court, petitioner is living in adultery. In this respect, the trial Court has also relied upon the judgment dated 21.12.2006, in the earlier proceeding of the divorce bearing H.M.P. No.21 of 2004, and held that the divorce petition filed by the respondent husband was allowed on the ground of adultery. Though the petitioner pointed out that she has preferred an appeal against said order and it was allowed, the trial Court held that as the petitioner has not produced copy of said judgment, this argument cannot be accepted.;


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