Appearance vs Mr Ay Kogje For

Heard the learned counsel for the Petitioner.

Both the courts below have concurrently found that the wife is not entitled to have maintenance. One of the prominent consideration before the Court below is that she has been constantly going out with one Arvindbhai Patel even at odd hours despite the resistance by her husband. This fact has been established by the evidence on record.

Exhibit 8 is one such affidavit, which corroborates suspicion of the husband, as has been found by the Revisional Court. The brother of the applicant has stated on oath that applicant Gitaben is his real sister and she is having a bad character. He has also stated on oath that she is having illicit relations with outsiders since very beginning in derogation of the instructions of parents of the family.

In the above view of the matter, if the courts below have non-suited the application and not awarded maintenance and one revision has already been filed, interference in jurisdiction under Articles 226 and 227 of the Constitution of India is not called for. Hence, the petition has no force and the same is dismissed. Rule is discharged.

R & P to be sent back to the concerned court below forthwith.

(BHAGWATI PRASAD, J.) omkar Top