1990 (3) TMI 386

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....rding maintenance allowance of Rs. 100/- per month to the petitioner from 2-7-1982. Aggrieved by this order, the wife has presented this petition. 2. Initially, none appeared for the respondent, but Shri Maheshwari made his appearance when the order which was being dictated upon hearing the petitioner, was at its fag end, and requested the court to afford him an opportunity of being heard, as he was busy before the Division Bench and as such could not make his appearance when the case was called. He also made an application (I. A. No. 118/90). He was accordingly heard on merits of the case, allowing his prayer. 3. The trial court has found it as a proved fact that respondent-husband had contracted second marriage with one Godavaribai,....

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....gued, is perverse, in face of evidence available on record. As per allegations made in the application and evidence, the petitioner had gone to her parents on the eve of Makar Sankaranti as her mother eventually suffered from paralysis, she was required to stay back for a couple of months, during which period even the respondent had been visiting her. 8. This cannot be said to be 'desertion', as understood in law, by any stretch of imagination, as wrongly held by the learned Addl. Sessions Judge. In its essence desertion means the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent and without reasonable cause. It is a total repudiation of the obligations of marriage. Desert....