Bombay High Court
Sau. Vandana W/O Moreshwar Wankar vs Moreshwar S/O Krishnarao Wankar on 26 September, 2018
Author: R. K. Deshpande
Bench: R. K. Deshpande
1 232-J-FCA-198-14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
FAMILY COURT APPEAL NO. 198 OF 2014
Sau. Vandana w/o Moreshwar Wankar,
Aged 45 years, Occ. Nil, R/o At the
house of Ramkrushna Wandhare,
Bohra Masjid Road, Near Bata
Showroom, Itwari, Nagpur. ... APPELLANT
(Ori.Respondent)
V E R S U S
Moreshwar s/o Krishnarao Wankar,
Aged about 51 years, Occ. Service
(Civil Engineer), Resident of : Hospital
Ward, Chhota Bazar, Chandrapur,
Tahsil - Chandrapur. AND
Vidarbha Housing Board Colony,
Plot No.72, Ramnagar, Chandrapur,
Tq. & Dist. Chandrapur. ... RESPONDENT
(Ori. Petitioner)
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Shri S. B. Solat, Advocate for appellant.
Shri S. S. Nandanwar, Advocate for respondent-sole.
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CORAM:- R. K. DESHPANDE &
ARUN D. UPADHYE, JJ.
DATED :
26/09/2018.
JUDGMENT :(PER ARUN D. UPADHYE, J.)
1. Being aggrieved by the Judgment and Decree dated 17/03/2011 passed by the Family Court No.3, Nagpur in Petition No.A-707/2005, the appellant-wife has filed the present Family ::: Uploaded on - 27/09/2018 ::: Downloaded on - 28/09/2018 02:15:02 ::: 2 232-J-FCA-198-14.odt Court Appeal. The respondent - husband has filed petition under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 for dissolution of Marriage.
The brief facts of the case are as under :-
2. The marriage of the appellant - wife with respondent - husband was solemnized on 23/06/1985 at Nagpur and out of the said marriage, they are blessed with one son.
3. It is contended by the respondent that since 1988, he was residing separately with his parents at the instance of appellant. According to him, his brother-in-law resided with him for one year. However, his wife left the matrimonial house on 02/12/1989 at the instance of her brother. He made several attempts to take her back, but in vain. Initially, he sent notice to her for restitution of conjugal rights. However, same was withdrawn. According to him, thereafter, the petition is filed for divorce against wife on the ground of cruelty and desertion.
4. The appellant-wife appeared in the petition and resisted the claim by filing written statement vide Exh.18 and also filed counter claim for restitution of conjugal rights. After framing necessary issues and after recording evidence in the matter and on hearing of both the sides, the learned Family Court No.3, Nagpur ::: Uploaded on - 27/09/2018 ::: Downloaded on - 28/09/2018 02:15:02 :::
3 232-J-FCA-198-14.odt has allowed the petition by its Judgment and Decree dated 17/03/2011 and dissolved the marriage solemnized on 23/06/1985 between the parties at Nagpur. The learned Family Court has also directed to pay Rs.4,000/- per month as maintenance to the wife towards permanent alimony from the date of order and to pay Rs.2,00,000/- to the wife in lieu of stridhan articles.
5. Feeling aggrieved for the said Judgment and Decree, the appellant-wife has preferred this appeal amongst other grounds mentioned in the appeal memo challenging the part of the Decree regarding maintenance and stridhan articles Clause 3 and 4 of the operative order of the said Judgment.
6. From the aforesaid facts and circumstances of the case, the following points arise for our consideration. We record findings thereof with reasons as under :-
ISSUES FINDINGS
1. Whether the appellant - wife is Yes. Entitled for
entitled to claim more amount of Rs.6,000/- p.m. from maintenance of Rs.13,000/- as the date of Decree claimed. i.e. from 17.03.2011.
2. Whether the appellant-wife is No. entitled for enhanced stridhan amount as claimed.
3. What order ? As per final order.
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4 232-J-FCA-198-14.odt REASONS
7. As to Point Nos.1 to 3 :-
We have heard Shri Solat, learned counsel for the appellant - wife. He has vehemently submitted that so far as the impugned Judgment and Decree for dissolution of marriage is concerned, the same is not challenged. According to him, the respondent-husband was working as a Junior Engineer and earning Rs.40,000/- p.m. and therefore, the permanent alimony of Rs.4,000/- per month is meagre one. He, therefore, submitted that the enhanced maintenance of Rs.13,000/- p.m. be granted to the wife from the date of decree. He further submitted that as regards the stridhan amount of Rs.2,00,000/- granted to the wife in lieu of stridhan articles is also meagre one and therefore, he submitted that Rs.5,00,000/- amount be granted towards stridhan. The appeal, therefore, be allowed.
8. Shri Nandanwar, learned counsel for the respondent-husband has submitted that the respondent is now retired and therefore, he cannot afford to give maintenance of Rs.13,000/- p.m. as claimed by the appellant-wife. He further submitted that there is no evidence on record to show that the stridhan articles were of Rs.5,00,000/- and therefore, the Family ::: Uploaded on - 27/09/2018 ::: Downloaded on - 28/09/2018 02:15:02 ::: 5 232-J-FCA-198-14.odt Court has rightly granted Rs.2,00,000/- towards stridhan and same are deposited. He further submitted that the amount of Rs.4,000/- per month to the wife towards her permanent alimony from the date of order, is just and proper and therefore, no interference of this Court is called for. The appeal, therefore, be dismissed.
9. Considering the submission of respective sides and having gone through the evidence on record, we are of the considered view that so far as the amount of Rs.2,00,000/- granted to the wife towards stridhan amount is concerned, no interference of this Court is called for.
10. As regards the maintenance amount of Rs.4,000/- p. m. towards permanent alimony is concerned, we are of the considered view that the interference of this Court is called for in the impugned order. The amount of Rs.4,000/- p.m. as permanent alimony granted to the wife towards the maintenance could be enhanced to Rs.6,000/- p. m. from the date of order of the Family Court i.e. from 17/03/2011. The respondent-husband was serving as a Junior Engineer in the Municipal Council, Chandrapur. He has to maintain his mother only though he is retired in the year 2016 as pointed out by the learned counsel for the respondent, but no ::: Uploaded on - 27/09/2018 ::: Downloaded on - 28/09/2018 02:15:02 ::: 6 232-J-FCA-198-14.odt exact pension is shown by him. Nevertheless, the income of the respondent - husband after retirement is not less than Rs.20,000/-. Therefore, the amount of Rs.6,000/- p. m. is not exorbitant. The respondent has to maintain his wife and considering the facts and circumstances of the case, the amount of Rs.6,000/- would be sufficient from the date of order of the Family Court.
11. The respondent-husband is directed to pay arrears from the date of order of the Family Court, Nagpur from 17/03/2011 till September, 2018, within four months and pay maintenance of Rs.6,000/- p.m. from the month of October, 2018 to the appellant-wife regularly on or before 10th of every month. For the aforesaid reasons, the appeal filed by the appellant - wife will have to be allowed partly. Hence, we answer the Point No.1 partly in affirmative and Point No.2 in the negative. We proceed to pass the following order.
ORDER
1. The appeal is partly allowed.
2. The impugned Judgment and Decree dated 17/03/2011 passed by the Family Court No.3, Nagpur in Petition No.A-707/2005 is modified as under:- ::: Uploaded on - 27/09/2018 ::: Downloaded on - 28/09/2018 02:15:02 :::
7 232-J-FCA-198-14.odt
i) The respondent-husband is directed to pay Rs.6,000/- p. m. to the appellant-wife towards permanent alimony from the date of order of the Family Court, Nagpur i.e. from 17/03/2011.
ii) The rest of the Decree passed by the Family Court No.3, Nagpur i.e. Clause Nos.2 and 4 are maintained.
iii) The respondent-husband is directed to pay arrears of amount of maintenance to the appellant-wife from the date of order of Family Court, Nagpur i.e. from 17/03/2011 till September, 2018, within a period of four months.
iv) The respondent-husband is also directed to pay maintenance of Rs.6,000/- p. m. regularly to the appellant-wife on or before 10th of every month from the month of October, 2018.
v) No order as to costs.
(Arun D. Upadhye, J.) (R.K. Deshpande, J.)
Choulwar
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