After the death of his previous wife, the present husband remarried the present wife on 11.7.1981.
It also granted maintenance in the sum Rupees one thousand per month to the wife and Rupees two thousand per month to the child.
The wife alleges that the husband started ill treating her due to number fulfulment of his demands by her father.
A daughter, who is named Puja, was born from the second marriage on 14.7.1983.
She was driven out of the house in the year 1989.
The facts of this case tell the tragic tale of an Indian woman, who having gone through two marriages with a child born to her apprehends destitution as both marriages have broken down.
The husband is an Income Tax Practitioner in the town of Ratlam in the State of Madhya Pradesh.
Aggrieved by the order of the High Court, both the parties are before this Court in these two cross appeals.
The husband is aggrieved by the part of the impugned judgment of the High Court whereby it maintained the amount of maintenance fixed per month for the wife under Section 25 of the Act.
The husband went in appeal to the High Court and the wife preferred a cross objection.
It is the case of the wife that in accordance with the prevalent custom in Maheshwari companymunity a Chhor Chithhi or a document of dissolution of marriage was executed between the wife and her previous husband on 15.5.1979 and it was later got registered.
According to the version of the wife the document of registered Chhor Chithhi was shown and given to the present husband before his accepting the second matrimony with the present wife.
The Family Court, Bombay allowed the petition of the wife and granted in her favour, a decree of judicial separation.
His first marriage was solemnized with late Smt.
She thereafter filed proceedings in the Family Court, Bombay for grant of a decree of judicial separation and maintenance of Rupees three thousand per month for herself and for her daughter.
The wife is aggrieved by the impugned reversing judgment of the High Court declaring her marriage as null and void under Section 11 read with Section 5 i of the Hindu Marriage Act 1955 hereinafter referred to as the Act for short .
Usha in the year 1963 and from her he has two sons and one daughter.
She had filed a Divorce Petition No.76/78 in Matrimonial Court at Amravati but it was number prosecuted and numberdecree of divorce was passed.
Dharmadhikari J. These two cross appeals arise from matrimonial proceedings.
