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Head Note

The Code of Criminal Procedure, 1973  - Section 125 , Constitution of India, 1950  - Article 136

Enhancement of maintenance - Maintenance granted to wife by trial court - In the meantime earnings of husband marginally increasing - In light of facts, maintenance increased to Rs. 1500 p.m.

The Hindu Marriage Act, 1955  - Section 13 , Section 8 , The Code of Civil Procedure, 1908  - Order XVIII Rule (2) ,  Rule (3) , Order VII Rule (1) , Order VIII Rule (1)

A decree for divorce passed on application by Husband and the wife's prayer for restitution of conjugal rights dismissed - High Court reversed the judgment one the ground that the allegations regarding abusive behaviour had not been established because no such allegations had been made by the respondent either in her written statement or in her oral evidence - Held that, it is not necessary for plaintiff to establish its case from written statement - Plaintiff had given categorical evidence in support if its case, and trial court was justified in coming to the conclusion in his favour on basis of evidence on record - High Court's reasoning and conclusion to contrary is insupportable.

Topic(s)-

Important Decision(s)- It is not necessary for plaintiff to establish its case from written statement - Plaintiff had given categorical evidence in support if its case.