(1.) The present appeal arises out of an interim order dated 18.04.2018 passed by the Family Court whereby two applications filed by the appellant-wife; one under Section 24 of the Hindu Marriage Act (hereinafter referred to as 'HMA') seeking maintenance for herself and the second application under Section 26 of HMA seeking custody of the two minor children have been dismissed.
(2.) The brief facts of the case to be noticed for the disposal of the present appeal are that the marriage between the parties was solemnized on 20.02.2006 at Delhi. Two children were born out of the said wedlock, who are aged about 9 years and 11 years respectively. The parties are living separately since the year 2015. On 04.02.2017, a petition under Section 9 of HMA was filed by the appellant-wife before Family Court seeking restitution of conjugal rights which is pending.
(3.) The appellant-wife is aggrieved by the impugned order passed by the Family Court on two grounds; firstly the application filed by her seeking maintenance under Section 24 of HMA has been rejected on the ground that the maintenance has already been fixed @ Rs. 2000/- per month in the proceedings initiated by the appellant-wife under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'DV Act'). Secondly; the custody of the children was declined to the respondent-wife and submits that the custody of the minor children should be given to the appellant-wife which is necessary for the proper growth of the children including physical as well as mental development, and thus, the counsel prays the impugned order be set aside.