2022 CLC 634
Suit for recovery of Maintenance allowance---Scope---Petitioner/husband assailed award of Maintenance allowance to the respondent/wife on the ground that she herself had left his house of her own volition---Validity---Respondent levelled allegations of bad and disrespectful behaviour on part of the petitioner towards her and she deposed in her evidence that on account of torture inflicted by the petitioner upon asking for Maintenance , she had left the house of the petitioner and to that extent her testimony was not discredited in cross-examination by the petitioner---Respondent had left the house of the petitioner under compelling circumstances to reside with her parents and the petitioner could not prove any attempt on his part to reconcile with her---Defence witnesses had admitted the date of desertion as well as the fact that the petitioner had not paid any amount of Maintenance from the said date till dissolution of the marriage---Decree for Maintenance was rightly passed in favour of the respondent-
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