Dmc mp judgement

Sulochanabai v/s. Tikaram, I (1986) DMC 351 MP - The court normally consider it predent to adhere to the principle of a marriage de facto carries the right of alimony pendent elite; but this principle of matrimonial law has necessarily to be considered in the light of the attending circumstances, when the court exercise its discretion as to whether the wife should be granted or not alimony. The conduct of the parties can not be ignored by the court while passing the orders u/sec 24 of HMA. In a case where the wife has brought cohabitation to an end by such misconduct for which the husband is not be blamed, the Court may well refuse to grant alimony and expenses for litigation pendent lite. (wife was having extramarital affair with Dhanraj Hirkane. It was hled that the misconduct on the part of the wife, having thus been established, she has obviously no case for her claim for alimony and litigation expenses pendent elite.