Learned advocate for the petitioner submits that the complaint itself is false and frivolous. It is further submitted that the respondent-wife was not tortured mentally and physically and not driven out by the petitioner. It is further submitted that the respondent-wife has illicit relation with one Parimal and she has left the matrimonial home and not driven out by the petitioner, as alleged. It is further submitted that the orders passed by the courts below are illegal and de-void of merit inasmuch as the courts below have not appreciated the oral as well as documentary evidence produced by the petitioner with regard to adultery of the respondent
- wife.
2. Having heard learned advocate for the parties and on perusal of the record of the case, it appears that the courts below have not properly appreciated the evidence, more particularly, with regard to allegations against the respondent-wife and proceeded to grant relief in favour of the respondent-wife.
Considering the overall facts and circumstances of the case, prima facie, a case is made out to grant interim relief in favour of the petitioner.
In view of the above, issue Rule.
Ad-interim relief granted earlier to continue till further order.
[Anant S. Dave, J.] *pvv Top